1. In case of having to apply for a permit to build a separate house
Pursuant to the provisions of the revised Construction Law 2020 (effective from January 01, 01), individual housing construction works must have a construction permit issued by a competent state agency. to the investor as prescribed by law, except for the following cases:
(1) Separate houses with a scale of less than 07 floors belonging to investment projects on construction of urban areas, investment projects on housing construction with detailed planning 1/500 already approved by competent state agencies. Browser.
(2) Separate houses in the countryside with a size of less than 07 floors and in an area where there is no urban planning, construction planning for functional areas or detailed construction planning for rural residential areas approved by the competent authority. approved by the competent state; except for cases built in conservation areas, historical-cultural relics.
(3) Separate houses in mountainous areas, islands in areas without urban planning or construction planning for functional areas; except for cases built in conservation zones, historical-cultural relics;
2. Conditions for granting permits for construction of separate houses
**For the case of building individual houses in urban areas
(1) Be suitable for land use purposes as prescribed by the law on land and regulations on management of architecture promulgated by competent state agencies.
(2) Ensuring safety for neighboring works and works and requirements on environmental protection, fire and explosion prevention and fighting; ensure the safety of technical infrastructure, protection corridors for irrigation works, dikes, energy, traffic, cultural heritage areas, historical and cultural relics; ensuring a safe distance to inflammable, explosive and toxic works and important works related to national defense and security;
(3) Housing construction design must comply with applicable standards, technical regulations, regulations of law on the use of building materials, meet the requirements of usability and applied technology. if); ensure bearing safety, safety in use, aesthetics, environmental protection, response to climate change, fire and explosion prevention and control and other safety conditions.
Households may design their own separate houses with a total construction floor area of less than 250 m2 or less than 3 floors or less than 12 meters in height, in accordance with the approved construction planning and take responsibility before law. about the design quality, the impact of the construction work on the environment and the safety of the neighboring works
(4) Having a dossier of application for a permit to build separate houses according to regulations.
(5) In accordance with the detailed construction planning.
(6) For individual houses in areas or streets in urban areas that have been stabilized but have no detailed construction planning, they must conform to the regulations on management of architecture or urban design approved by the housing authority. issuing country.
**For the case of building individual houses in rural areas
The construction of separate houses in rural areas must conform to the detailed construction plannings of rural residential quarters.
3. Procedures for applying for a separate house construction permit
Step 1. The investor prepares 02 sets of application for a separate house construction permit, including the following documents:
(1) An application form for a construction permit.
(2) A copy or a file containing the original copy of one of the documents proving the land use right as prescribed by the land law.
(3) A copy or file containing the main snapshot of two sets of technical design drawings or construction drawing designs approved in accordance with the law on construction, each set includes:
– A drawing of the work site on the land lot, scale 1/50 – 1/500, together 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 scale 1/50 together with connection diagram of rainwater drainage system, wastewater treatment, water supply, electricity supply, rate information rate 1/50 - 1/200.
In case the construction design of the work has been appraised by a specialized construction agency, the above design drawings are copies or files containing snapshots of construction design drawings already approved by specialized agencies in charge of construction. assessment construction.
(4) For an overcrowded construction with a basement, in addition to documents (1), (2), (3), the dossier must also include a copy or a file containing a photocopy of the original document approving the measure. Construction of the investor's foundation ensures the safety of the works and neighboring works.
(5) For construction works with adjacent works, there must be a commitment from the investor to ensure the safety of the adjacent works.
Step 2: The investor submits 02 sets of application for a separate house construction permit to the People's Committee of the district where the construction is located to receive a construction permit for the investor.
Step 3: Get the result.
Time limit for settlement: From the date of receipt of complete and valid dossiers, the district-level People's Committees shall consider the dossiers and grant construction permits to the investors within 15 days for individual houses.
In case it is necessary to consider further, the district-level People's Committee will notify in writing the investor of the reason, and at the same time report it to the direct management competent authority for consideration and direction, but not more than 10 days. days from the prescribed expiration date
After the registration procedure for the Investment Registration Certificate is completed, the foreign investor will continue to apply for a license to establish an enterprise based on current legal policies, the company will be established and operated. according to the regulations and laws of Vietnam
The pccc license is one of the mandatory conditions of the investor when carrying out administrative procedures related to the form of construction. The licensing authority belongs to the Fire Prevention and Fighting Police Department or the provincial and city police.
It is the basis for enterprises to understand the current state of environmental quality of the enterprise, thereby proposing effective pollution reduction measures to achieve the prescribed environmental standards. At the same time, the results of environmental quality monitoring will be the basis for the State management agency in charge of environmental protection to evaluate the environmental protection work of the Company.
The basic design needs to be appraised by a specialized construction agency. Examination and assessment of the expertise of enterprises that fully meet the conditions for construction operation capability and construction practice capacity for necessary contents in the process of preparing and implementing construction investment projects. basis for the assessment.
The investor must have a construction permit issued by a competent state agency in accordance with the law, for the purpose of ensuring the construction order in the urban area, ensuring the planned construction according to the standards. certain of the country and ensure urban management issues.