Procedures for granting factory construction permits in Vietnam - Delco Construction

Procedures for granting factory construction permits in Vietnam

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.

  1. 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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Read more: Changes in Circular 01/2021/TT-BXD on documents appraisal and issuance of construction permits

Read more: Regulations on construction contractors

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