In Vietnam, is it obligatory to obtain construction permit when building detached houses in rural areas?

Bấm vào đây để xem bản dịch tiếng Việt của bài viết này Click HERE to see the Vietnamese translation of this article
Question date: 13/06/2022

In Vietnam, is it obligatory to obtain construction permit when building detached houses in rural areas? What is the dossier of application for a new construction permit included? Do I have to obtain construction permit to build a detached house in a rural area, where hasn't been in urban construction plan?

    • In Vietnam, is it obligatory to obtain construction permit when building detached houses in rural areas?
      (illustration)
    • In Vietnam, is it obligatory to obtain construction permit when building detached houses in rural areas?

      Pursuant to Clause 30, Article 1 of the Law on Amendments to Construction Law in 2020 stipulating cases in which construction permit is exempted:

      ...

      e) Construction works located in the territories of two or more provincial-level administrative units, works constructed in lines outside urban areas which conform to construction planning or detailed planning approved by competent state agencies;

      g) Construction works of which results of appraisal of the construction design following the fundamental design have been notified by specialized construction agencies to meet conditions for approval and which meet requirements for construction permit prescribed by this Law;

      h) Detached houses with under 07 stories of urban area construction investment projects or housing construction investment projects under detailed planning of 1:500 scale approved by competent state agencies;

      i) Grade-IV construction works or detached houses with under 07 stories in rural areas without urban planning, function zone construction planning or detailed construction planning on rural residential points approved by competent state agencies; Grade-IV construction works or detached houses in mountainous areas or islands without urban planning or function zone construction planning, except detached houses built in conservation zones or historical and cultural relic zones;

      k) Project owners of construction works prescribed in Points b, e, g, h and i of this Clause, except detached houses prescribed in Point i of this Clause, shall send written notices of the time of construction commencement and construction design dossiers to local construction management agencies.

      As above regulations, if you build a detached house with under 07 stories, you don't have to obtain construction permit. On the oppsite side, if you build a detached house with over 07 stories, you have to obtain construction permit.

      What is the dossier of application for a new construction permit included?

      Pursuant to Clause 1, Article 95 of the Construction Law in 2014, which stipulates a dossier of application for a new construction permit for a detached house must comprise:

      a/ An application for a construction permit;

      b/ A copy of one of the papers proving land use rights as prescribed by the land law;

      c/ Construction designing drawings;

      d/ A written commitment to ensure safety for adjacent works, for construction works adjacent to other works.

      Best regards!

    Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn
    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    RESPONSIBILITY INFORMATION
    Let GOOGLE support you