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Hướng dẫn thủ tục xin cấp giấy phép xây dựng nhà ở 2022



Are you having difficulty in applying for a building permit? Today, Bach Hoa Xanh will guide the process of applying for a construction permit in detail.

If you are learning about the procedures for applying for a building permit, please refer to the following article!

firstDossier of application for a housing construction permit

Certificates of land use rightsCertificates of land use rights

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Pursuant to Clause 1, Article 95 of the 2014 Law on Construction, a housing construction permit application includes:

  • An application for a construction permit;
  • A copy of the document proving the land use right;
  • Construction design drawings;
  • The commitment to ensure safety for adjacent works or for construction works with basements.

In addition, the dossier must also be supplemented with a copy or a file containing a photocopy of the original document approving the foundation construction measure of the investor to ensure the construction work and adjacent and adjacent works according to Article 11 of Circular 15. 2016/TT-BXD.

2Procedures for applying for a construction permit

The process of applying for a construction permit consists of 3 stepsThe process of applying for a construction permit consists of 3 steps

The detailed procedure for applying for a construction permit is as follows:

Step 1: Prepare all documents and submit 01 application at the District People’s Committee where you are preparing to build a house and want to apply for a construction permit.

Step 2: Part If the application is received, it will be checked. If the dossier is not enough, the land user will be requested to supplement, and if the dossier is sufficient, a receipt shall be written and given to the land user.

In In case further consideration is required, the licensing agency must notify the land user in writing and notify the direct management competent authority to consider and direct the implementation.

Step 3: The land user arrives at the receiving place according to the time indicated on the receipt to receive the results and pay the prescribed fee. The land user receives the permit together with the design file with the seal of the licensing agency or a written reply in case of ineligibility for the grant of a construction permit.

3Where to apply for a building permit?

Submit procedures to apply for a construction permit at a competent agencySubmit procedures to apply for a construction permit at a competent agency

Procedures for applying for a construction permit shall be submitted to the District People’s Committee where you are about to build and want to apply for a building permit. After submitting your application, you will have to wait for the application reception department to check. If the application is incomplete, it must be supplemented, and if it is complete, you will receive a receipt from the receiving department.

Here are some state agencies competent to issue and issue construction permits today:

  • Commune People’s Committee issue permits for the construction of separate houses in rural residential areas with approved construction plannings and in areas prescribed by the district-level People’s Committees, when construction permits are required within administrative boundaries. managed by me.
  • District People’s Committee grant construction permits for the remaining works and separate houses in urban areas within the administrative boundaries under their respective management, except for the specified subjects falling under the competence of the provincial-level People’s Committees.
  • Provincial People’s Committee Authorizes the Department of Construction to issue construction permits for construction works of special grade, grade I, grade II, religious works, historical-cultural relics, monumental works, public works and public works. submitted on main streets and roads in urban areas according to regulations of the provincial People’s Committee, works under foreign direct investment projects.

*Note: If the work is issued by an agency that issues a construction permit, the issues related to the modification, renewal, re-issuance or withdrawal will be handled by that agency. Provincial-level People’s Committees have the right to revoke construction permits issued by their subordinates (provincial-level People’s Committees, commune-level People’s Committees) in contravention of regulations.

4How long does it take to get a building permit?

How long does it take to get a building permit?

For the case of issuance of a new construction permit, including a temporary construction permit, adjustment and relocation permit, the time limit shall not exceed 20 working days for the work; 15 working days for individual houses in urban areas; 10 working days for rural houses, from the date of receipt of valid dossiers.

For the case of re-issuance or application for extension of the permit, it shall not exceed 10 working days from the date of receipt of a complete and valid dossier.

5Some questions about the construction permit application procedure

Construction work requires a building permitConstruction work requires a building permit

What is a building permit?

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According to Clause 17, Article 3 of the Law on Construction 2014, Construction permit is a legal document issued by a competent state agency to an investor to construct, repair, renovate or relocate a work.

Who must apply for a permit to build separate houses?

According to Clause 2, Article 3 of the Law on Housing 2014, detached house means a house built on a separate residential land plot under the lawful use right of households, individuals and organizations, including villas, adjacent houses and independent houses.

Before starting construction, the investor must obtain a construction permit from a competent authority, unless the work is exempted from a construction permit.

Investors in the construction of separate houses are individuals who own capital or borrow capital for construction investment. In other words, the investor who builds a separate house is the person who pays the mason to build his or her own house.

What do I need to apply for a building permit?

The investor must prepare 02 sets of documents according to Article 11 of Circular 15/2016/TT-BXD, including:

– An application form for a construction permit;

– A copy or photocopy of the document proving the land use right.

– Copies or primary copies of two sets of approved technical design drawings or construction drawing designs in accordance with the law on construction, each set includes:

  • Site drawing of the work on the land plot scale of 1/50 – 1/500, enclosed with a map of the location of the work;
  • Drawings of floors, elevations and main sections of the work, scale 1/50 – 1/200;
  • Drawing of foundation ground plan scale 1/50 – 1/200 and footing section at 1/50 scale, together with connection diagram of rainwater drainage system, wastewater treatment, water supply, electricity supply, scale information 1/50 – 1/200.

In case the construction design of the work has been appraised by a specialized agency in charge of construction, the design drawings specified in this content are copies or the file containing the snapshots of the construction design drawings that have been approved. construction agency specialized in appraisal.

  • For construction works with basements, in addition to the documents specified at Points 1, 2 and 3 of this content, the dossier must also include a copy or a file containing a photocopy of the original written approval of construction measures. the investor’s foundation ensures the safety of the works and neighboring works.
  • For construction works with adjacent works, there must be a commitment from the investor to ensure the safety of adjacent works.

Fees to apply for a construction permit in Hanoi, Ho Chi Minh City, Hai Phong?

Fees for building permits in 3 big cities

Below are the fees for applying for a construction permit in Hanoi, Ho Chi Minh City and Hai Phong:

Fees for granting construction permits in Hanoi Pursuant to the Resolution 20/2016/NQ-HDND dated December 6, 2016 then:

  • New grant for people’s individual houses (subject to permits): 75,000 VND.
  • New grant for other works: 150,000 VND.
  • Renewal of construction permit: 15,000 VND.

The fee for applying for a construction permit in Ho Chi Minh City is based on Article 2 of Resolution 18/2017/NQ-HDND dated December 7, 2017, specifically:

  • Issuing permits to build separate houses: VND 75,000.
  • Grant of construction permits for other works: 150,000 VND.
  • Extension, re-issuance and adjustment of construction permits: 15,000 VND.
  • Exempt subjects: Children, poor households, the elderly, people with disabilities, people with meritorious services to the revolution.

Fees for issuance of construction permits in Hai Phong city are based on Resolution 45/2018/NQ-HDND dated December 10, 2018, specifically:

  • Issuance of construction permits, adjustment of construction permits for individual houses: 75,000 VND.
  • Issuance of construction permits, adjustment of construction permits for other construction works: 150,000 VND.
  • Renewal and re-issuance of construction permits: 15,000 VND.

Is the project exempt from a construction permit?

On June 17, 2020, the National Assembly passed the revised Construction Law 2020, in which 9 works are exempt from construction permits, including:

(1) State secret works; emergency construction works;

Xem Thêm : Đặc điểm, cách trồng và ý nghĩa phong thủy

(2) Works under public investment projects audited by the Prime Minister, heads of central agencies of political organizations, the Supreme People’s Procuracy, the Supreme People’s Court, and the Supreme People’s Court. State, Office of the President, Office of the National Assembly, ministries, ministerial-level agencies, Governmental agencies, central agencies of the Vietnam Fatherland Front and socio-political organizations, the President People’s Committees at all levels decide on construction investment;

(3) Temporary construction works according to the provisions of Article 131 of the Law on Construction;

(4) Works for repair or renovation of the inside of works or works for repair and renovation of the exterior that are not adjacent to roads in urban areas that have requirements on architectural management according to regulations of competent state agencies. permission; the repair and renovation contents do not change the use function, do not affect the safety of the load-bearing structure of the work, and conform to the construction planning approved by the competent state agency. requirements on safety, fire and explosion prevention and protection and environmental protection;

(5) The 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 the Government’s regulations;

(6) Construction works located in the area of ​​two or more provincial-level administrative units, works built along non-urban lines in accordance with construction plannings or planning of technical or specialized nature already approved by the Government. approved by competent state agencies;

(7) Construction works that have been notified by a specialized construction agency of construction design appraisal results after the basic design is eligible for construction design approval and meets the requirements for construction design approval. construction permits in accordance with the Construction Law;

(8) Separate houses with a scale of less than 07 floors under investment projects on construction of urban areas, investment projects on housing construction with detailed planning 1/500 already approved by competent state agencies. Browser;

(9) 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 planning for construction of residential quarters. rural residences approved by competent state agencies; Grade IV construction works, separate houses in mountainous areas and islands in areas without urban planning or construction planning of functional zones; except for works, separate houses built in conservation zones, historical-cultural relics;

Procedures for applying for a license to build houses at level 4

Construction design drawingsConstruction design drawings

To apply for a building permit, there are a number of procedures required:

Step 1 The license applicant prepares all the required documents in accordance with the law

Step 2 Submit application at the department responsible for receiving and returning results at the People’s Committee of communes and townships during working time

Step 3 The officer receives the application and conducts the inspection

  • If the application is complete: The officer writes the received paper for the submitter
  • If the application is incomplete: The officer guides the applicant to supplement the missing documents

Step 4 The officer transfers the file to a competent person for processing and returns the results according to the applicant’s appointment letter during office hours.

Step 5 The applicant for the permit should go to the People’s Committee to receive the results and pay the fee

Refer to details: Do level 4 houses need a permit? Procedures for applying for a building permit level 4?

Hopefully, through the article on how to apply for a construction permit here, Bach Khoa XANH has helped you get more useful information and know how to do it!

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