Regulations on managing the issuance of construction permits in Vinh Phuc province

27/04/2020

Recently, the provincial People's Committee issued Decision No. 07/2020/QĐ-UBND regulating the management of construction permits in Vinh Phuc province.

This Regulation applies to construction licensing agencies, investors, construction consultancy, construction organizations, organizations and individuals involved in construction permit issuance in Vinh Phuc province.

Works exempted from construction permits: According to the Decision, works exempted from construction permits are prescribed in Clause 2, Article 89 of the Law on Construction2014, including: 1. State-secret works and construction works by emergency order and works located in the area of two or more provincial administrative units; 2. Works belonging to construction investment projects are decided to invest by the Prime Minister, ministers, heads of ministerial-level agencies, and chairman of People's Committees; 3. Temporary construction works in service of construction of major works; 4. Works built on lines outside urban centers but in accordance with construction plannings already approved by competent state agencies or approved by competent state agencies on the direction of construction works; 5. Construction works under projects of industrial parks, export processing zones or hi-tech parks with 1/500 detailed planning already approved by competent state agencies and appraised by construction designs according to regulations of this Law; 6. Houses under urban development projects, housing development projects with a scale of under 7 storeys and a total floor area of less than 500 m2, with 1/500 detailed planning approved by competent state agencies; 7. Works that repair, renovate or install equipment inside the works do not change the bearing structure, do not change the function of use, nor affect the environment and work safety; 8. Works repair, renovation works that change the architecture of exterior surfaces not adjacent to urban inner roads with architectural management requirements; 9. Technical infrastructure works in rural areas only require the preparation of economic-technical reports on construction investment and in areas without approved detailed construction plannings of rural population quarters; 10. Rural construction works in areas where no urban development plannings and detailed construction plannings have been approved; separate houses in rural areas, except for separate houses built in conservation areas, historical-cultural relics.

Investors of works construction, which are exempted from construction permits under the provisions of Points 2, 4, 5 and 9 above, shall notify in writing the time of commencement of construction together with construction design dossiers to the People's Committee of the commune where the work is built within 7 working days before starting the construction of the work to monitor and record.

Time-limited construction permits: Individual works and houses are licensed for a definite term when meeting the conditions specified in Articles 91, 92, 93 and 94 of the Law on Construction 2014; the size of a work granted with a definite term construction permit is determined on the basis of considering the location of construction, the nature of the project, the current land use purpose, architecture, landscape of the area, standards, regulations, construction plannings, safety, environmental sanitation, fire and explosion prevention, technical infrastructure conditions and other relevant regulations.

The construction permit-granting agency is responsible for collecting opinions from agencies and reporting to the provincial People's Committee for approving the scale of works before granting construction permits for a definite term; individual houses licensed for a definite term have the maximum size of the total floor area of less than 250m2 or less than 3 floors or the height is less than 12m, regardless of whether or not a floor has a basement. In case of applying for a larger scale, the construction licensing agency must report to the provincial People's Committee for consideration and approval before granting a construction permit with a definite term; individual buildings and houses licensed for construction with a term may exist when there is a land recovery decision issued by a competent state agency.

Regarding competence to grant construction permits is prescribed as follows:

The Department of Construction is decentralized by the provincial People's Committee to grant construction permits, construction permits with a definite term for construction works of grades I and II; works under projects with foreign direct investment; constructions under the project and other works under the direction of the Provincial People's Committee; the works of historical-cultural relics, monumental works, monumental paintings have been classified; religious constructions; ancillary works belonging to a religious establishment or a religious establishment have been classified as historical-cultural relics; advertising works for the following cases: building an outdoor advertising screen with a surface of 20m2 or more; Standalone billboards with an area of 40m2 or more; works under the project in areas of Tam Dao town, the scope of construction planning of Tay Thien festival cultural center, the scope of planning to build Dai Lai lake tourist area; Individual houses larger than 7 floors; works located in the administrative boundaries of two or more districts; all works according to the prescribed route must be granted construction permits in the province. In addition, the Department of Construction also issues construction permits for the above works that are exempted from construction permits but the investors request for construction permits.

The Management Board of industrial parks is granted with construction permits by the provincial People's Committee, with a definite term construction permit for works belonging to the projects of level III and level IV in the established industrial parks and handing over the investors to build infrastructure according to the regulations, except for works licensed by the Department of Construction and People's Committees of districts and cities.

People's Committees of districts and cities shall grant construction permits and time-limit construction permits for works: The remaining works and individual houses in urban areas with construction scale of less than or equal to 7 floors including separate houses in areas already recognized by the State for conservation in the administrative boundaries under their management, except for works specified in Articles 4 and 5 of this Regulation; Works for advertising construction of signboards, advertising boards with an area of ​​one side larger than 20m2 of metal frame structures or similar construction materials attached to existing construction works; Religious works have not yet been classified as historical-cultural relics; Ancillary works belonging to a religious establishment or a religious establishment have not yet been classified as a historical-cultural relic; Passive telecommunications technical infrastructure works of grade IV, except for works exempted from construction permits under Clause 2, Article 5 of Circular No. 15/2016/TTLT-BTTTT-BXD of June 22, 2016 of Ministry of Information & Communications - Ministry of Construction guides the management of the construction of passive telecommunications infrastructure works; The above constructions are under the jurisdiction of the People's Committees of districts and cities exempted from construction permits but the investor requests the construction permit.

Adjust, extend, and revoke construction permit

The adjustment, extension, re-issuance and revocation of construction permits comply with Clauses 3, 4 and 5, Article 17 of Circular No. 15/2016/TT-BXD of June 30, 2016 of the Ministry of Construction instructing the granting of construction permits, specifically: For works granted by a construction permit agency, such agency shall adjust, extend, re-grant and withdraw construction permits it has granted; Provincial-level People's Committees decide to revoke construction permits issued by subordinates in contravention of regulations; In case of applying for a construction permit for a project where a construction investment project includes many works of different types and grades, the agency that issues the highest-level work construction permit shall have to grant the permit for the remaining works under the project.

This Decision takes effect from February 10, 2020 and replaces Decision No. 13/2016 / QĐ-UBND dated on March 15, 2016 of the provincial People's Committee.

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