Being granted a construction permit is an important legal procedure and one of the mandatory conditions for investors to start building a factory and preparing for deploying production investment projects.
1. An application for construction permit
Pursuant to Article 43 of Decree 15/2021/ND-CP, an application for a factory construction permit includes:
- Application form for a construction permit
- Certificate of land use rights of the investment enterprise in accordance with the law on land
- Decision on project approval; a written notice of appraisal results by a specialized construction authority and the document of basic design drawings enclosed with certification stamps (if any); report on construction design verification results for construction works that greatly affect public safety and interests;
- Certificate of design approval for fire protection; documents and drawings are appraised together with the provisions of the Law on Fire Protection; documents on results of carrying out procedures on environmental protection in accordance with the provisions of the Law on Environmental Protection.
- 02 sets of construction design drawings in the construction design document are deployed after the basic design is approved according to the provisions of the Construction Law, including:
Drawings of the total project site, the site positioning of the building on the land lot; architectural drawings of the main premises, facades and sections of the building; floor plan, foundation section; drawings showing the main structural solution of the work; ground drawings connected to the technical infrastructure system outside the work or project.
2. Order and procedures for being granted construction permit
Pursuant to Article 102 of the 2014 Law on Construction, the order and procedures for applying for a factory construction permit include the following steps:
Step 1: Submit your application
The investor shall submit 02 sets of document as prescribed to the competent authority for granting construction permits as below:
| Grades of construction works | Licensing authority |
| Special grade works | The Ministry of Construction appraises and permits |
| Grade I, II works | Provincial-level People’s Committees are competent to issue construction permits.
Provincial People’s Committees decentralize and authorize Departments of Construction, Management Boards of industrial parks, export processing zones, hi-tech zones, economic zones, and district-level People’s Committees to issue construction permits within their respective functions. and management scope. |
| Grade III, IV works | District-level People’s Committees are competent to issue construction permits for grade III and IV works in the area under their management. |
Step 2: Receive and process the application
Step 3: Return the result
Processing time limit: No more than 30 days from the date of receipt of a complete and valid set of documents. In case the permit is expired but needs further consideration, the construction permit-issuing authority must notify the investor in writing of the reason and concurrently report it to the direct management competent authority for consideration and direct the implementation, but not more than 10 days from the expiration date as prescribed.
- Construction permit fee
According to Circular 85/2019/TT-BTC, the construction permit fee is regulated by the People’s Councils of the provinces and cities. Therefore, depending on the location of the province where the factory is located, the fee for applying for a construction permit in each place will be different. Below is a summary of fee rates in popular industrial cities and provinces for investors’ reference:
| City/ Province | Fees for new issuance of construction permit | Fees for renewal and re-issuance of construction permit | Pursuant to the Law |
| Ha Noi | 150,000 VND | 15,000 VND | Resolution 20/2016/NQ-HDND dated December 6, 2016 |
| Bac Ninh | 500,000 VND | 250,000 VND | Resolution 59/2017/NQ-HDND dated July 12, 2017 |
| Ha Nam | 100,000 VND | Resolution 39/2016/NQ-HDND dated December 8, 2016 | |
| Hai Duong | 150,000 VND | 15,000 VND | Resolution 17/2016/NQ-HDND dated October 5, 2016 |
| Hung Yen | 150,000 VND | 15,000 VND | Resolution 87/2016/NQ-HDND dated December 15, 2016 |
| Vinh Phuc | 150,000 VND | 15,000 VND | Resolution 56/2016/NQ-HDND dated 12/12/2016 |
| Thai Nguyen | 150,000 VND | 15,000 VND | Resolution 49/2016/NQ-HDND dated December 8, 2016 |
| Bac Giang | 150,000 VND | 15,000 VND | Resolution 33/2016/NQ-HDND dated December 8, 2016 |
| Ho Chi Minh | 150,000 VND | 15,000 VND | Article 2 Resolution 18/2017/NQ-HDND dated December 7, 2017 |
| Binh Duong | 100,000 VND | 10,000 VND | Resolution 71/2016/NQ-HDND9 dated December 16, 2016 |
With experience in the field of industrial construction, DELCO is ready to give detailed advice, support investors with legal procedures as well as updating the latest regulations related to investment and factory construction in Vietnam. Nam, helping investors have a sustainable investment plan in accordance with the law, protecting the legitimate rights and interests of investors. DELCO has been and is a reliable partner of FDI enterprises from Europe, Japan, Korea, Taiwan, among others.
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