Changes in Circular 01/2021/TT-BXD on documents appraisal and issuance of construction permits

Changes in Circular 01/2021/TT-BXD on documents appraisal and issuance of construction permits

Related legal documents: Decree No. 15/2021/ND-CP detailing some contents on construction investment project management replacing Decree 59/2015/ND-CP, Decree 42/ 2017/ND-CP; Article 1, Article 4, and from Appendix I to IX of Decree 100/2018/ND-CP.

Decree No. 15/2021/ND-CP states very clearly and specifically the process and procedures for appraising documents and issuing construction permits.

Below is new notable points of Decree 15/2021 compare with Decree 59/2015 in construction permit issuance procedures:

Decree 15/2021/ND-CP

(Effective from March 3, 2021)

Decree 59/2015/ND-CP

(Effective from August 5, 2015)

1. Requirements of the Investor’s ability when managing project

Pursuant to Article 23 of Decree 15/2021/ND-CP, when applying the form that the Investor is the project organizer and manager, the competence conditions have been more clearly defined, the individual assumes the title of “Project management director” must have a project management practice certificate (same as regulations of the Specialized Construction Investment Project Management Board, Regional Construction Investment Project Management Boards), except for the case that the project only prepares the Economic – Technical Report. In Clause 1, Article 21 of Decree 59/2015/ND-CP as amended by Clause 8, Article 1 of Decree 42/2017/ND-CP, the investors, using their legal status and professional apparatus, have sufficient conditions and capacity to directly manage work construction investment projects with a total investment of less than 15 billion dong;

2. Construction design

2.1 Construction design steps

Article 31 of Decree 15/2021/ND-CP:

Depending on the scale and nature of the project, the number of construction design steps is determined in the approval decision of the construction investment project.

 

According to Clause 1, Article 23, the number of construction design steps is assigned including: Preliminary design (in case of making pre-feasibility study report), basic design, technical design, construction drawing and other design steps (if any) according to international practices decided by the investor of project.

2.2 Construction design tasks

 

Pursuant to: Article 32 of Decree 15/2021/ND-CP clearly stipulates the person in charge, requirements for construction design tasks and construction design content, specifically as follows:

Person in charge: The investor sets up a team or hires suitable organizations and individuals to set up construction design tasks.

Requirements: Construction design tasks must be consistent with investment policies and serve as a basis for formulation of construction investment projects and construction design. Investors can hire consulting organizations, experts to comment or verify design tasks if necessary.

Main contents of construction design task include:

– Bases for setting up construction design tasks;

– Project construction targets;

– Construction location;

– Requirements on planning, landscape and architecture of the work construction;

– Requirements on scale and term of use of works, usability and other technical requirements for the project.

Construction design tasks are modified and supplemented to suit actual conditions, ensuring the efficiency of work construction investment projects.

No specified

3. Construction permit and construction order management

3.1 Conditions for granting construction permits

Construction works under construction investment projects that do not require detailed construction planning in accordance with the law on planning, works under construction investment projects organized by an investor on a scale of less than 05 hectares (less than 02 hectares for investment projects to build apartments), the construction zoning planning is the basis for considering and granting construction permits (Clause 2, Article 41).

No specified

3.2 General provisions on documents of application for construction permits

Article 42 of Decree 15/2021/ND-CP provides general provisions on documents of application for construction permits such as:

– Dossier of application for a construction permit shall be sent directly to the licensing authority or through the online public service portal as prescribed.

– The documents and design drawings in the application for construction permit are the originals or certified copies or electronic copies.

– Construction design drawings in the application for a construction permit must comply with regulations on specifications of construction design documents.

– When submitting documents in the form of an electronic copy, the investor only needs to submit 1 set of construction design drawings.

No specified

3.3 Documents of application for a construction permit

Pursuant to Articles 43, 44, 45, 46 and 47 of Decree 15/2021/ND-CP, the documents of application for a construction permit is strictly regulated and detailed in terms of its composition, number of drawings for each specific type of project.

Although there are regulations for each type, but not in detail.

Comparison infographic

 

 

Changes in Circular 01/2021/TT-BXD on documents appraisal and issuance of construction permits

See more full content of Decree 15/2021/ND-CP here 

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