According to Article 89 Construction Law 2014 in Vietnam: “Before starting work construction, the investor must obtain a construction permit issued by a competent state agency in accordance with this Law, except for cases where prescribed in Clause 2 of this Article”. Thus, investors, especially FDIs in industrial parks, are required to apply for a “construction permit” before building in the industrial park.

Inco Minh Anh Law Firm would like to guide the application for a new construction permit including:

• An application form for a construction permit, made according to the form in Appendix 1 of the Circular Circular 15/2016/TT-BXD Guiding on the issuance of a construction permit;
• A copy or file containing the main photocopy of one of the documents proving the land use right in accordance with the law on land;
• Copy of project approval decision, investment decision;
• A copy or file containing two main sets of approved technical design drawings or construction drawing designs in accordance with the law on construction, each set includes:
• A drawing of the site location of the work on the land plot at the scale of 1/100 – 1/500, enclosed with a map of the location of the work;
• Drawings of the main plans, elevations and sections of the work, scale 1/50 – 1/200;
• Drawing of foundation ground plan at scale 1/100 – 1/200 and foundation section at scale of 1/50, together with diagram of connection with technical infrastructure system of traffic; water supply; drainage of rainwater, dirty water; wastewater treatment; power supply; communications; other technical infrastructure systems related to the works, scale 1/50 – 1/200.
• A declaration of capacity and experience of the designing organization or individual who is in charge or in charge of construction design, enclosed with a copy of the practice certificate of the design manager or chairperson.

Some exclusions in which a building permit is not required are as follows under the law as follows:

• Works belonging to state secrets, works built under urgent orders, temporary works serving the construction of main works;
• Works built along lines that do not go through urban centers but are consistent with construction plannings and construction investment projects already approved by competent state agencies;
• Construction works under projects of urban areas, industrial parks, export processing zones, high-tech zones, housing zones with detailed construction planning of 1/500 scale already approved by competent state agencies ;
• Small-scale technical infrastructure works in remote and remote communes;
• Separate houses in remote, non-urban areas, not in concentrated population quarters, rural residential areas without approved construction planning;
• Works of repair, renovation and installation of internal equipment do not change the architecture, load-bearing structure and safety of the work;
• Works under construction investment projects that have been approved by the Prime Minister, ministers, ministerial-level heads, and chairpersons of People’s Committees at all levels, except for works requiring only economic-technical reports. .

The time to apply for a construction permit is from 3-6 months (actual), please contact our lawyer, Inco Minh Anh law firm for advice on procedures to apply for a construction permit.