CONDITIONS FOR ISSUANCE OF CONSTRUCTION LICENSE

A building permit is the first condition to start building a house or a building. Although there are some exceptions that are exempt from construction permits such as state secret works or separate houses in rural areas, except for separate houses built in conservation zones, historical-cultural relics, etc. and many other cases are specified in Clause 2, Article 89 of the Law on Construction 2014. In order to be granted a construction permit by the State, we must first meet all the conditions as prescribed. Previously, regulations on conditions for granting construction permits were specified in Decree 59/2015/ND-CP on construction investment project management However, on March 3, 2021, Decree 15/2021/ND-CP detailing a number of contents on construction investment project management took effect to replace the above decree. So today let's try to find out if this decree has anything new and different from the old decree. First, let's take a look at the law regulating the conditions for applying for a construction permit of both decrees.

Specifically, Article 40 of Decree No. 59/2015/ND-CP stipulates as follows:
 
"1. Conditions for granting construction permits for specific cases are specified in Articles 91, 92 and Article 93 of the Law on Construction 2014.
 
  2. In case an urban construction investment project is located in an area where there is no zoning plan, detailed construction planning approved by a competent authority or where detailed planning is not required as prescribed by law. The law on urban planning, the construction planning permit or planning information provided by the competent state agency shall be the basis for considering and granting a construction permit.”
 
Article 41 of Decree 15/2021/ND-CP stipulates as follows:
 
"1. Conditions for granting construction permits for specific cases are specified in Articles 91, 92, 93 and Article 94 of the 2014 Law on Construction as amended and supplemented according to the provisions of the Law on Architecture 2019 and Law No. 62/2020/QH14.
 
2. For areas without urban planning, construction plannings of functional areas or detailed construction plannings for rural residential areas, the plannings are of relevant technical and specialized nature or are regulated by management regulations. Architectural management or a document approved by a competent state agency on the location and total ground (for works that do not follow an out-of-urban route) is the basis for considering and granting a construction permit.
 
3. Works under construction investment projects that do not require detailed construction planning in accordance with the law on planning, works under construction investment projects organized by an investor with with a scale of less than 05 hectares (less than 02 hectares for investment projects on construction of condominiums), the construction subdivision planning is the basis for consideration and grant of construction permits.
 
4. For construction works that greatly affect the safety and interests of the community, verification is required under Clause 6, Article 82 of the 2014 Law on Construction as amended and supplemented in Clause 24, Article 1 According to Law No. 62/2020/QH14, the report on inspection results, in addition to the investor's specific requirements, must have a conclusion that meets the construction safety requirements, compliance with standards and technical regulations of the dossier construction blueprints.”
 
Thereby, it can be seen that in addition to the conditions for granting construction permits for urban works, non-urban works, and separate houses specified in Articles 91, 92, and 93 of the 2014 Law on Construction, at Clause 1 of Decree 15/2021/ND-CP has added a new condition specified in Article 94 of the Law on Construction 2014 on conditions for granting construction permits with a definite term. In addition, in Clauses 3 and 4 of Decree 15/2021/ND-CP, the government has added conditions for licensing for cases such as works under construction investment projects that do not require detailed planning and Construction works greatly affect safety and public interests.
 
Above are the sharing of Vega Law Firm on the issue of "Conditions for granting construction permits". Hope the above sharing will be useful for everyone.