When is the project granted a construction permit?
According to Clause 19, Article 3 of the 2014 Construction Law, a construction permit in stages is a construction permit issued for each part of a project or each project when the construction design of the project or the project has not been completed.
Pursuant to Article 89 of the 2014 Construction Law amended by Clause 30, Article 1 of the 2020 amended Construction Law, the provisions on granting construction permits are as follows:
- Construction works must have a construction permit issued by a competent state agency to the investor in accordance with the provisions of this Law, except for the cases specified in Clause 2 of this Article.
- Construction works are granted a construction permit according to the stage when there is a construction design implemented after the basic design of each stage is appraised and approved according to the provisions of this Law.
- For construction investment projects with multiple works, construction permits are granted to one, some or all works under the project when the works require simultaneous construction, ensuring the requirements on conditions, construction permit issuance period and synchronous requirements of the project.
Thus, the project is granted a construction permit according to the stage when there is a construction design implemented after the basic design of each stage is appraised and approved according to the provisions of the 2014 Construction Law.
Conditions for granting construction permits by phase
Pursuant to Article 50 of Decree 175/2024/ND-CP, the conditions for granting construction permits at the stage are as follows:
- Conditions for granting construction permits for specific cases are stipulated in Articles 91, 92, 93 and 94 of the 2014 Construction Law, amended and supplemented according to the provisions of the 2019 Architecture Law and the 2020 amended Construction Law.
- Types of planning used as a basis for establishing construction investment projects as prescribed in Clause 2, Article 13 of Decree 175/2024/ND-CP are the basis for considering granting construction permits.
- Documents of competent state agencies as prescribed in Clause 1, Article 92 of the 2014 Construction Law are one of the following documents:
+ Decision approving the shortened detailed planning and general drawings of the site, architectural plans of the project in the approved shortened detailed planning project dossier;
+ Decision approving detailed planning for construction of functional areas and Master Plan for land use and maps and drawings attached to the approved detailed planning project for construction of functional areas;
+ Decision approving detailed planning for rural residential areas and maps and drawings attached to the approved detailed planning project for rural residential areas;
+ Documents approving the location, route and general plan of the project according to the provisions of relevant laws. The approval of the location, route and general site of the project is implemented according to the provisions of Clause 5, Article 121 of Decree 175/2024/ND-CP;
- Decision approving the ecotourism, resort and entertainment project of the forest and maps and drawings accompanying the Project for ecotourism, resort and entertainment projects in the forest implemented under the forest environment lease method according to the provisions of the law on forestry.
- For construction works that have a great impact on safety and public benefits that require inspection according to the provisions of Clause 6, Article 82 of the 2014 amended and supplemented by Clause 24, Article 1 of the 2020 amended Construction Law, the inspection results must be reported in addition to the specific requirements of the investor, and must have conclusions that meet the requirements of construction safety, compliance with standards and technical regulations of the construction design documents.
