Commune-level People's Committees are not allowed to issue construction permits for some types of works according to the new draft

Xuyên Đông |

According to the proposal, the commune-level People's Committee is a unit with the authority to issue construction permits. However, the commune-level People's Committee is not allowed to issue permits for some types of works.

The Ministry of Construction submits a draft Decree detailing a number of articles of the Construction Law on management of construction activities. The draft Decree takes effect from July 1, 2026.

Regarding the authority to issue construction permits, the Ministry of Construction proposes as follows:

Commune-level People's Committees issue construction permits for grade III and grade IV projects in their managed areas (except for projects specified in Clause 2 of this Article).

Comparing clause 2, some types of works that the Commune People's Committee is not licensed to build are works belonging to projects in industrial parks, export processing zones, high-tech zones, and economic zones. These works are licensed to build by the Management Board of industrial parks, export processing zones, high-tech zones, and economic zones.

The draft also stipulates that other works not under the authority of the above 2 units will be licensed for construction by the Department of Construction.

Regarding determining the authority to issue construction permits in some cases as follows:

The competent authority for issuing construction permits is the competent authority to adjust, extend, reissue and revoke construction permits issued by itself.

In case the competent authority issuing the construction permit does not revoke the construction permit issued in violation of regulations, the Provincial People's Committee directly decides to revoke the construction permit.

For projects with many works with different types and levels of works, the authority to issue construction permits is determined according to the work with the highest level of the project.

When adjusting the construction design or repairing or renovating a project that changes the grade of the project, the authority to issue a construction permit is determined according to the grade of the project after the design adjustment or the project being repaired or renovated.

For works invested in construction attached to works and other parts of works, the authority to issue construction permits is determined according to the level of the works requesting construction permits.

For projects invested in construction in the administrative area of 02 or more provinces, the authority to issue construction permits is determined according to the construction location of each project.

Xuyên Đông
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