The revised Construction Law in 2020 stipulates cases in which construction permits are exempted:
So what is a Building Permit?
Construction permit is a legal document issued by a competent state agency to an investor for new construction, repair, renovation or relocation. (Article 3 of the 2014 Construction Law);
Cases exempted from construction permits include:
- State secret works; emergency construction works;
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Works under projects using public investment capital are approved by the Prime Minister, heads of central agencies of political organizations, the Supreme People’s Procuracy, the Supreme People’s Court, the State Audit, and the State Audit Office of Vietnam. Office of the President, Office of the National Assembly, ministries, ministerial-level agencies, government-attached agencies, central agencies of the Vietnam Fatherland Front and socio-political organizations, Chairman of the People’s Committee People at all levels decide on construction investment;
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Temporary construction works according to the provisions of Article 131 of this Law;
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Works on repair and renovation of the interior of the repair or renovation works that do not contiguous with roads in urban areas have requirements on architectural management according to regulations of competent state agencies; the contents of repair or renovation do not change the use function, do not affect the safety of the load-bearing structure of the work, conform to the construction planning approved by the competent state agency, requirements on fire and explosion safety and environmental protection;
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Advertising works are not subject to the issuance of construction permits according to the provisions of the law on advertising; passive telecommunications technical infrastructure works according to government regulations;
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Construction works located in the area of two or more provincial-level administrative units, works built along lines outside urban centers in accordance with construction plannings or technical and specialized plannings approved by state agencies. authorized to approve;
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The work that has been notified by a specialized construction agency of the results of appraisal of construction designs, deployed after the basic design, is eligible for approval of construction design and meets the conditions for grant of construction permits according to regulations. provisions of this Law;
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Separate houses with less than 7 floors in urban area construction investment projects, housing construction investment projects with detailed planning 1/500 already approved by competent state agencies;
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Grade IV construction works, separate houses in rural areas with a scale of less than 07 floors and in areas where there is no urban planning, construction planning for functional areas or detailed construction planning for rural residential quarters approved by a competent state agency; grade IV construction works, separate houses in mountainous areas, islands in areas without urban planning, functional zone construction planning; except for works, separate houses built in conservation zones, historical-cultural relics;
Investors building works specified in items [2], [5], [7], [8] and [9] of this Clause, except for separate houses specified in section [9], are responsible for sending notices to investors. at the time of construction commencement, the construction design documents shall be submitted to the local state management agency in charge of construction for management as prescribed.
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