CIRCULAR tutorial about building permit pursuant to the law No. 50/2014/QH13;

Pursuant to Decree No. 62/2013/ND-CP dated 25/6/2013 of government functions, tasks, powers and organizational structure of the Ministry of construction;

Pursuant to Decree No. 59/2015/ND-CP dated 18/6/2015 of the Government on the management of construction projects;

Proposal of the Director General operations management building, construction Minister issued circulars about the license built as follows: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. Scope: this circular detailing on the record to suggest the building permit, adjust the building permit, building permit renewal; building permit has a time limit; process and issued a building permit.

The other provisions concerning the licensing of construction made under the provisions of the law on construction in 2014, the Decree 59/2015/ND-CP dated 18/6/2015 of the Government on the management of construction projects.

2. Objects: this circular apply to the licensing agency; where private owners; elements of building consultancy, construction and functional elements, individuals surfaced construction license.

Article 2. Order management to build 1. For works that are licensed to build: managing construction order based on the contents are specified in the building permit has been issued and the provisions of relevant laws.

2. for works that are free of a building permit: a) The orderly management of construction based on the approved building plan and the provisions of relevant laws. For areas not yet have approved construction planning, the people's committees of all levels according to the hierarchy is responsible for issuing regulations on the management of planning, to architecture as a basis for licensing construction and construction order management;

b) contents of order management for construction works are exempt from building permit is to check the compliance of construction planning, urban design (stated there) or mitigating regulations management, architecture. Pair with case modelling, listed building has been offices on building appraisal, the construction manager is content to check compliance design has been verified and the provisions of relevant laws.

Article 3. The rights and obligations of the construction licensing proposal 1.  Right: a) asked the Agency to license build explain, guide and implement the regulation on licensing of construction;

b) appeal, petitioner, to denounce the violations of the law in granting a building permit;

c) built the work prescribed in paragraph 4 to article 102 of the law on construction in 2014;

d) requires Licensing Agency building construction license for works subject to exemption from building permit as prescribed in clause 2 Article 89 of law build 2014 when in need.

2. obligations: a) Filed application and licensing fees;

b) is responsible for the accuracy, truthfulness of the content of records suggest construction permit;

c) announcements on commenced writing for the people's Committee of social construction place within 7 working days prior to the commencement of building works;

d) done correctly the content of the building permit.

Article 4. The responsibility of the Department of construction and planning administration building 1.  Building Department is responsible for: a) to base the regulation on licensing of building and managing the construction of law order construction in 2014, Decree No. 59/2015/ND-CP dated 18/6/2015 the Government investment project management of construction and building of this circular process of provincial people's Committee issued the regulation on licensing of construction; adjusted, renewed building permit; building permit has a time limit for meeting with the real situation of the locality;

b) make the licensing of construction according to the hierarchy of the provincial people's Committee;

c) check, management of construction order for the particular supply by the Ministry of construction issued building permit locally;

d) six months, one year of General construction Ministry report licensing situation and order management in local construction.

2. Planning Administration building under decentralized responsibility: a) held up approval, detailed planning of the building, the provincial people's Committee issued regulations on the management of planning, urban architecture as a basis for granting a building permit and building order management;

b) publicize and provide cẩp information about the planning, design and construction details (if any) has been approved and licensed construction planning according to the regulations when the owner requested;

c) guide the owner to perform the work required for the construction works in the area of construction is planned yet;

d) replied in writing on architecture, planning for the management of rights in the works when writing to ask the opinion of the licensing authority to build in the time prescribed in Clause 1 article 102 VND Point construction Law in 2014;

DD) recommendations to the licensing body build is not licensed for works designed not as planned, or approved architectural recommendations handle the case built in violation of building planning.

Article 5. The responsibility of the licensing agency building 1. Listed the conditions, procedures, processes, licensing time built in the place of receiving the records.

2. Have the calendar forward and timely resolution of complaints, accusations related to construction permissions work.

3. Make the right process, again, adjust, extended a building permit under the provisions of article 102 of law build 2014; building permit review and is responsible for the content of the second construction was go; compensation for damage caused by the slow licensing, licensed wrong compared to the provisions, including the school meeting is authorized to grant a building permit.

4. Collect, manage and use fees for construction permit as prescribed.

5. do not specify individual organization design or formed units designed directly to implement the design for the Organization, the individual construction permit proposal.

6. Granted building permits for works subject to exemption from building permit as prescribed in clause 2 Article 89 of law construction in 2014 when the owner requested.

Article 6. The responsibilities of the agencies the agencies involved in the licensing process of construction is responsible for: 1. Have a written answer to the construction license for the content in the range of their management during the period specified in paragraph 1 to article 102 VND Whore construction Law in 2014. If the prescribed time limit without answer shall be deemed to be agreed and be responsible for the content of his management.

2. Make the necessary measures when the notice of the authorities competent to handle violation against the wrong building construction planning, built without license or not true to the building permit was issued.

3. Compensation for damage caused by his fault.

Article 7. The responsibility of the Organization building and construction 1. For design: a) monitored the author follow the design was licensed to build;

b) subjected to testing, dealt the violation and compensation for damage caused by his fault.

2. With regard to supervising the construction: a) monitoring the implementation of the design and the construction permit was granted for the school request must have the building permit;

b) monitoring the implementation by design has been verified, the approval for the case to be exempt from construction permits;

c) responsible agencies report when the owner, the contractor building the wrong done to the design and content of the building permit was issued;

d) compensation for damage caused by his fault.

3. for construction contractor: a) the implementation of quality assurance according to the approved design and construction permit;

b) refused to do when the work has no building permit for prescribed works must have the building permit or when the owner asked to build the wrong with the design and content of the building permit was issued;

c) inform the responsible authorities when the owner asked to build properly with no content, design, building permit is granted;

d) compensation for damage caused by his fault.

Chapter II profile, AUTHORITY and LICENSING PROCESSES to BUILD article 8. Recommended records issued a building permit for new construction 1. For works not by: a Single licensing proposal) built according to the model in annex 1 of this circular;

b) copy or file contains a shot one of the proof of right to use land under the provisions of the law of the land. The school meeting for construction ữạm, broadcast in the area column does not belong to the group you're setting up a purposeful use for construction, conversion is not the purpose of use, then you're setting up, filed a copy of the file that contains the main snapshot or written approval to post construction of county-level people's committees;

c) copy or file contains a shot of two sets of technical drawings or construction drawing design was approved under the provisions of the law on construction, each set contains:-the drawing using the location works on land plots of 1/100-1/500, accompanied by location works;

-Drawings of the premises, the facade and the cutting face of the work, the rate of 1/50 to 1/200;                              

-the drawing using the nail 1/100-1/200 and the nail cut the rate 1/50, connection diagrams enclosed with the technical infrastructure for transportation; water supply; drainage, dirty water; sewage treatment; power supply; contact information; the system technical infrastructure related to the work rate of 1/50 to 1/200.

2. for works under in the municipality: a Single licensing proposal) built according to the model in annex 1 of this circular;


b) copy or file contains a shot one of the proof of right to use land under the provisions of the law of the land or the written approval of the competent State bodies about the location and plan routes.

c) or copy the file containing the main snapshot recovery decision of authorized State agencies under the provisions of the law of the land;

d) copy or file contains a shot of two sets of technical drawings or construction drawing design was approved under the provisions of the law on construction, each set contains:-location-rate works lines 1/100-1/500;

-the overall ground drawings or drawing the average proportion of works map 1/500-1/5000;

-drawing of the cross-section of the line works 1/50-1/200;

-particularly for the underground works are added: + the drawing of the cross-section, longitudinal sections demonstrate the depth of works of 1/50 to 1/200;

+ Connection diagram with technical infrastructure system in addition to the work rate of 1/100-1/500.

3. for works of religion: records suggest construction permit include the material as specified in paragraph 1 of this article and a copy of the file that contains the main snapshot or written approval on the need to build and scale of religious authorities according to hierarchy.

4. for works of religion: records suggest construction license as specified in paragraph 1 of this article.

5. Public works monuments, murals: a Single licensing proposal) built according to the model in annex 1 of this circular;

b) copy or file contains a shot one of the proof of right to use land under the provisions of the law of the land;

c) or copy the file containing the main snapshot license or written approval of the State administration of cultural and historical monuments according to the hierarchy;

d) copy or file contains a shot of two sets of technical drawings or modelling, drawing statements are approved according to the provisions of the law of Venezuela building, each set contains:-location-rate works 1/100-1/500;

-the drawing using the work rate of 1/100-1/500;

-drawing of the facade, the cross-sectional ratio works mostly 1/50-1/200.

6. for advertising works: a Single licensing proposal) constructed as specified in annex 1 of this circular;

b) copy or file contains a shot one of the proof of right to use land under the provisions of the law of the land. The case for construction work in the area of land not used for construction purposes, is the land use purpose shall submit a copy of the file that contains the main snapshot or the written approval of the location of construction of the people's Committee at district level;

c) copy or file contains a shot of land lease or the lease works for land rental or rent the works to build the ad works;

d) copy or file contains a shot of two sets of technical drawings or construction drawing design was approved under the provisions of the law on construction, each set contains:-for new construction: + diagram of the location of the work rate of 1/50-1/500;

+ The drawing using the work rate of 1/50-1/500;

+ The drawing sections and the sections the work rate of 1/50;

+ The drawing of the main facade works of 1/50 to 1/200;

-for meeting ad sea school is attached to the work that has been built legally: + structural drawings of parts of constructions in the ad the national sea-mounted 1/50;

+ The drawing of the facade works have mounted billboards ratio of 1/50 to 1/100.

7. With regard to the work of the diplomatic corps and international organizations: recommended records issued a building permit for the work of the diplomatic corps, international organizations, and foreign investment agencies in Vietnam are made according to the provisions in clause 1 of this article and the terms regulated by treaty or agreement has been signed with the Government South.

8. in case of the design of construction works was specialized agencies regarding the construction of the evaluation, the design drawings specified in this Article is a copy of the file or contains a snapshot of the construction design drawing has been building professional agency evaluation.

Article 9. Records suggest construction license under phase 1. For non-linear works: for works special levels, level I if the owner can demand the proposal granted a building permit in two stages. The records include: a Single licensing proposal) built according to the model in annex 1 of this circular;

b) copy or file contains a shot one of the proof of right to use land under the provisions of the law of the land. School meetings for the construction of stations, towers in the area belonging to the land not used for construction, conversion is not the land use purpose shall submit a copy of the file that contains the main snapshot or written approval to post construction of county-level people's committees;

c) copy or file contains a shot of two sets of technical drawings or construction drawing design was approved under the provisions of the law on construction, each set contains:-phase 1: ground drawings + works on land plots of 1/100-1/500, accompanied by location works;

+ The drawing using the nail 1/100-1/200 and 1/50th rate nail cutting, drawing, cross-section of parts of constructions have been approved in the first phase the rate of 1/50 to 1/200 accompanied connection diagram with technical infrastructure systems, including transportation, drainage , waste water treatment, water supply, power supply, communication rate of 1/100-1/200.                '-stage 2: + the drawing, the facade and the main cutting face stage 2 of the process of the ratio 1/50-1/200;

2. for works under in the municipality: the Division staged works done by owner determined by investment decision. The records include: a Single licensing proposal) built according to the model in annex 1 of this circular;

b) copy or file contains a shot one of the proof of right to use land under the provisions of the law of the land or text châp by State bodies have the authority on location and online projects;

c) or copy the file containing the main snapshot recovery decision of authorized State agencies follow portions or all stages of the project in accordance with the law of the land;

d) copy or file contains a shot of two sets of technical drawings or construction drawing design was approved under the provisions of the law on construction, each set contains:-location-rate works lines 1/100-1/500;

-the overall ground drawings or drawing the average proportion of works map 1/500-1/5000;

-the drawing by each stage: + the drawing of the cross-section of the online works according to the stage of 1/50 to 1/200;

+ For the underground structures requires the drawing of the cross-section, longitudinal sections demonstrate the depth of works under each stage the rate of 1/50 to 1/200;

+ Connection diagram with system infrastructure under each stage the rate of 1/100-1/500.

3. in case of the design of construction works was specialized agencies regarding the construction of the evaluation, the design drawings specified in this Article is a copy of the file or contains a snapshot of the construction design drawing has been building professional agency evaluation.

Article 10. Recommended records licensed building permit for the project 1.  Licensing application built according to the model in annex 1 to this circular.

2. Copy the file containing the main snapshot or one of the proof of right to use land under the provisions of the law of the land.

3. Copy the file containing the main snapshot or two sets of technical drawings or construction drawing design of construction works have been approved under the provisions of the law on construction, each set contains: a) the drawing of the ground of the project or of using the "accomplice" stage of the project the rate of 1/100-1/500;

b) each side by drawing works on land plots of 1/100-1/500, accompanied by location works;

c) drawing of the facade and main sections of each of the work rate of 1/50 to 1/200;

d) Foundation national ground drawing 1/100-1/200 and the nail cut the rate 1/50 of each works accompanied by diagrams connected with the drainage system, sewage treatment, water supply, power supply, communication rate of 1/50 to 1/200.

The case of the construction works has been building professional agency evaluation, the design drawings specified in this paragraph is a copy or file contains a snapshot of the construction design drawing has been building professional agency evaluation.

4. Copy the file containing the main snapshot or decide the approval of investment projects in construction.

Article 11. Recommended records issued a building permit for individual housing 1.  Licensing application built according to the model in annex 1 to this circular.

2. Copy the file containing the main snapshot or one of the proof of right to use land under the provisions of the law of the land.

3. Copy the file containing the main snapshot or two sets of technical drawings or construction drawing design was approved under the provisions of the law on construction, each set contains: a) drawing by lot on the rate of 1/50 to 1/500 of the enclosed diagram location of works;

b) drawings by the floor, the facade and the main sections of the work rate of 1/50 to 1/200;

c) Foundation national ground drawing 1/50-1/200 and the nail cut the rate 1/50 connection diagram attached to the drainage system, sewage treatment, water supply, power supply, rate information 1/50-1/200.

The case of the construction works has been the private professional body building-intensive, the modelling, drawing statements specified in this paragraph is a copy or file contains a snapshot of the construction design drawing has been building professional agency evaluation.


4. with regard to chen have basements, in addition to the documents prescribed in paragraph 1, 2, and 3 of this article, the record also must file a copy or supplements containing the snapshot of the main text approved construction nail remedies of the owner to ensure the safety of buildings and the surrounding buildings.

5. for construction work have adjacent buildings must have a commitment to investors to secure for adjacent buildings.

Article 12. Recommended records issued a building permit for the meeting school repairs, restoration 1.   Licensing application repair, renovating public buildings, houses, according to the model in annex 1 to this circular.

2. Copy the file containing the main snapshot or one of the proof of ownership, management, use, housing works prescribed by the law or a copy of building permit have been State agencies have suicidal infiltration levels.

3. Copy the file containing the main copy or drawing of the current state of Division, category repair work, renovations have been approved in accordance with the respective rate percentage of the drawing of the profile recommended licensed repair, restoration and photo (10 X 15 cm) the status quo works and adjacent buildings before repair , restoration.

4. With regard to historic buildings, attractions, and cultural attractions have been rated, it must have a copy of the file that contains the main snapshot or written approval of State regulators have permeability rule hierarchy.

Article 13. Records suggest licensing relocated works 1.   License application to move works according to the model in annex 1 to this circular.

2. Copy the file containing the main snapshot or one of the proof of right to use land under the provisions of the law of the land where the work will relocate to the meeting papers and legal owner of the works prescribed by the law.

3. Copy the file containing the main snapshot or drawings of the premises where the work will be relocated to a ratio of 1/50 to 1/500.

4. Copy the file containing the main snapshot or drawing using the nail 1/100-1/200, the Foundation cut the rate 1/50 the work location will relocate to.

5. Copy the file containing the main snapshot or report the results of a survey evaluating the current state of quality of works by individual organizations eligible capacity for implementation.

6. Copy the file containing the main snapshot or relocation as defined in clause 5 Article 97 of law build 2014.

7. in case of the design of construction works was specialized agencies regarding the construction of the evaluation, the design drawings specified in paragraph 3, paragraph 4 of this Article is a copy or file contains a snapshot of the construction design drawing has been building professional agency evaluation.

Article 14. Building permit have time limits 1.   The base specified in article 94 of law construction in 2014 and on the basis of the plan of implementation of the master plan construction, the construction location, Captain of the provincial people's Committee issued the specified scale, maximum height, time is allowed to exist of works to do pursuant to license build duration , ensure safety, sanitation, fire-prevention, architecture, landscapes, meet the conditions of the technical infrastructure and the provisions of relevant laws.

2. The records suggest construction license have the time limit as specified for each category of works, individual housing provisions in articles 8, 11, 12, 13 this circular. Private single's title was changed to "Licensing application build time".

3. in case of works according to the building permit time expired term exists, but the State has yet to execute the planning construction, if investor demand use of the proposed licensing agency to consider allowing limited existence.

Article 15. Other documents of the records suggest construction license in addition to the documents prescribed for each category of works, individual housing referred to in articles 8, 9, 10, 11, 12, 13, 14 of this circular, records suggest construction license have to add other materials to the following cases : 1. Copy the file containing the main snapshot or report the results of the design agency specializing in building for the prescribed works must be appraised.

2. Copy the file containing the main snapshot or writing a commitment of the investor guaranteed the safety of buildings and surrounding buildings for building chen, has basement.

3. Copy the file containing the main snapshot or affidavit the capacity, the experience of the Organization, the individual design according to the model in annex 3 to this circular, enclosing a copy of the certificate of practice construction activities, for works not yet professional bodies in building design.

For individual houses under the 3 floors and has a total floor area of less than 250 m2 of construction, households can organize themselves design and responsible for the safety of the works and the surrounding buildings.

4. Copy the file containing the main snapshot or a commitment to ensure the safety of adjacent buildings for individual housing construction have adjacent buildings.

5. Copy the file containing the main snapshot or investment decision with respect to the work required to set up construction projects.

Article 16. Profile adjustment proposal, renewed, restored building permit 1. Adjust the building permit: a) the profile suggested adjusting the building permit are:-for project: + Menu suggestions to adjust building permit according to the model in annex 2 to this circular;

+ Original building permit has been issued;

+ Copy or file that contains the main snapshot design drawings side by side, standing, cut parts, projects proposed to adjust the rate of 1/50 to 1/200;

+ Copy or file contains a snapshot of the main text approved adjustments to the design of the regulatory authorities attached A declaration eligibility the capacity of individual organizations designed for meetings designed not by professional bodies in building valuation or appraisal results report designed to professional bodies of the construction according to the provisions the law on construction.

-for individual housing: + Menu suggestions to adjust building permit according to the model in annex 2 to this circular;

+ Original building permit has been issued;

+ Copy or file that contains the main snapshot design drawings side by side, standing, cut parts, projects proposed to adjust the rate of 1/50 to 1/200. For cases that require specialized agencies on building evaluation must then submit the enclosed report results evaluation design;

-case of the design of construction works was specialized agencies regarding the construction of the evaluation, the design drawings specified at this Point is a copy or file contains a snapshot of the construction design drawing has been building professional agency evaluation.

b) content building permit adjustments are recorded directly in the building permit was granted or recorded into separate addendum and are integral parts to the building permit has been granted.

2. The extension of a building permit: a) petition to renew the building permit according to the model in annex 2 to this circular;

b) original building permit has been issued;

The deadline to renew the building permit are recorded in the building permit was issued.

3. Granted building permits again: a) a building permit is granted leave for the case of ragged, torn or lost;

b) building permit been issued back in the form of a copy;

c) recommended records reissued a building permit, including:-application level a building permit, which clearly explain the reason for the proposal to form in annex 2 to this circular;

-original building permit has been issued (for the case of torn, ragged).

4. in case of the wrong building with building permit are issued they must be handled according to the current rules violation before the adjustment proposal, renewed, reissued a building permit.

Article 17. Processes and authorities, regulators, renew, refresh and revoke the building permit 1.    The Agency has the authority to grant a building permit prescribed in clause 2 of this base the conditions prescribed in articles 91, 92, 93, 94 construction Law in 2014 to consider granting a building permit according to regulations. Process, adjustment, extension, building permit reissuance is made according to the provisions of article 102 of the law on construction in 2014.

2. The authority granted, tuning, renew, refresh and revoke the building permit: a) The building permit for the construction of special facilities;

b) provincial people's Committee building Facility for the hierarchy granted a building permit for the construction level I, level II; the religious works, works of historical-cultural monuments, monuments, murals have been rated in the administrative boundary management by themselves; the works on the line, the axis of the main street in the municipality under the provisions of the provincial people's Committee; works of the project have foreign direct investment; the work of the project and other projects by the provincial people's Committee hierarchy;

c-level people's committees) to license build the remaining buildings and individual houses in the municipality, including individual houses in the area have been recognized by State preserved in the territory of its administrative management, except the objects defined in the point a , b, d of this Paragraph;

d) provincial peoples Committee can hierarchy for management of industrial zones, export processing zones, economic zones, high-tech zones; Management of the urban construction license for works in the scope of management of the Agency, except the works referred to in point a of this Paragraph.

3. The work by the Agency would grant the building permit, the bodies that regulate, renew, refresh and revoked his building permit.

4. provincial people's Committee decided to revoke the building permit due to incorrect level subordinate regulations.

5. where the proposed building permit for the project that the project includes the construction of many different levels and type implementers licensed construction of the highest level are responsible for licensing construction works the rest of the project.


6. new building permit; renovate, repair; relocation; building permit have the time limit according to the model in annex 4 of this circular.

Chapter III the TERMS of the IMPLEMENTATION of Article 18. Handle forward 1. The works prescribed by the law on building construction Law before 2014 effect subject to not have a building permit, but under the provisions of the law on construction in 2014 falling objects must have a building permit, if it was built before 01/01/2015 then continue to build without construction permits grant proposals , if not yet built, the owner must request a building permit under the provisions of the law on Xâỵ construction in 2014, Decree No. 59/2015/ND-CP dated 18/6/2015 the Government investment project management construction and guidance of this circular.

2. Adjusting the refresh, renew, revoke the building permit for the works has been granted a building permit before construction Law in 2014 in force made under regulation of this circular. The authority correcting, restored, renewed, revoke a building permit by the Agency was issued building permit implementation.

3. in case of works under the provisions of Paragraph 1 of this article was built before 01/01/2015 if have adjusted the design then the owner need only the professional bodies of the building design joint appraisal adjustments before building by design adjustments. For individual houses not subject to request by professional bodies in building design, the client process components to adjust to the licensing agency building according to the hierarchy to be considered approved or consider adjusting the building permit.

4. for individual housing projects in urban development and housing development project has been built before 01/01/2015 have adjusted the design versus template design, typical of the project design has been approved but still to ensure the target of planned construction has been approved by the competent cẩp not adjust the building permit ( for meetings there was a building permit) or are recognized to perform transactions, registered according to the prescribed by law.

5. Works has been granted a building permit before construction Law takes effect in 2014, but according to the rule of Law build 2014 subject to exempt a building permit if there are adjustments designed to alter the content of the building permit has been issued shall file proposed adjusting the construction license under the provisions of this circular.

Article 19. Effect 1.  This circular has effect from August 15, 2016.

2. This circular replaces circular No. 10/2011/TT-BXD dated December 20, 2012 of the Ministry of construction about the detailed guide to some of the content of the Decree No. 64/2012/NĐ-CP on 10/9/2012 of the Government about building licensing and the regulation of licensed built in circular No. 12/2009/TT-BXD dated 30/6/2009 of the Ministry of construction on building investment management in the industrial and economic zones.

3. The ministries, ministerial agencies, people's committees of all levels, the Prime Minister, the individual concerned is responsible for the implementation of this circular.