Investors must abide by rules and thoroughly complete the application process for construction permits in order to construct a facility in an industrial park..
Does building a factory in an industrial park require a permit?
When building factories, no matter the size, whether they are inside industrial parks or not, investors need to apply for construction licenses. The following is stated in Article 89 of the Construction Law (as amended in 2020):“Before starting construction, the investor must obtain a construction permit issued by the government in accordance with the provisions of this Law.”
It is a requirement to apply for a construction permit, which is a legal document issued to the investor by an authorized agency. The permit is later used to legalize the project, construction, and factory operation. State agencies will guarantee the management of construction in accordance with the plans through the application process for construction permits. Enterprises should comply with regulations and fully carry out licensing procedures to avoid potential legal risks in the future.
Dossier of application for license
The dossier to apply for a factory construction permit in an industrial park is quite complicated and requires many documents, investors need to prepare carefully:
– Application for a construction permit according to the form in Appendix No. 1 of Circular 15/2016/TT-BXD Guiding the issuance of construction permits (01 original)
– A certified copy of one of the documents on land use rights as required by land law (01 copy)
– EIA approval or certificate of commitment to environmental protection (01 copy)
– Enterprise Registration Certificate (ERC) or Investment Registration Certificate (IRC), investment project approval decision, investment decision (01 copy)
– Approval Document of fire prevention & firefighting design, or Fire prevention & Firefighting Plan.
– Design drawing created by accredited businesses and individuals that have been evaluated and approved by the investor in compliance with construction law (02 original), each set consists of:
+ Drawing shows the project’s placement on the land lot at a scale of 1/100 to 1/500, accompanied by a diagram of the location of the project;
+ Principal plans, elevations and sections of the work at a scale of 1/50 – 1/200;
+ Foundation plans with scale 1/100 – 1/200 and footing sections with scale of 1/50, enclosed with diagrams for connecting the work with other technical structures such as traffic system, water supply and drainage, sewage treatment system, power supply, communications system and other infrastructures related to the work at a scale of 1/50 – 1/200
– Written approval of construction methods of the investor to ensure the safety of the project and neighboring buildings, for buildings with basements (01 original).
– Declaration of experience and competence of the design organization, the person in charge of construction design (01 original),enclosed with the copy of the license for construction practice.
Which agency has the authority to issue construction permits?
Based on Circular 03/2016/tt-BXD, industrial construction works are classified into special classes, class I, II, III and IV. Depending on the class of the project, the authorized agency shall issue the corresponding construction permit:
License application procedure
After preparing a complete dossier, the procedure for applying for a factory construction permit in the industrial park will be carried out as follows:
Penalties for not obtaining construction permit
Decree 16/2022/NĐ-CP stipulates the penalty for construction without permits of factories in industrial parks, structures that require feasibility study reports or economic and technical reports on construction investment as below:
When investors carry out construction works without permits, the authorities will impose administrative sanctions and forcibly demolish the project..
DELCO is the general contractor for the design and construction of many industrial factory construction projects in key industrial parks in Bac Ninh, Bac Giang, Hung Yen, Binh Duong,… As such, we understand and regularly update Vietnamese legal regulations and investment policies of each region, and we are willing to support investors in legal procedures, construction permit dossiers and other investment procedures.
See more: Main stages in the factory construction process
See more: 4 mandatory regulations applied when building factories in Vietnam
