According to Clause 1, Article 89 of the Construction Law of 2014, before the commencement of the construction, the investor shall have a construction permit granted by a competent state agency defined in this Law, except for the cases prescribed in Clause 2 of Article 89, concretely as follows:
“The works are exempted from construction permits include:
a / Works of State secrets, construction works under urgent orders and works located in two or more provincial-level administrative units;
b / Works belonging to construction investment projects approved by the Prime Minister, ministers, heads of ministerial-level agencies or presidents of People’s Committees at all levels;
c / Temporary construction works in service of the construction of major works;
d / Works built according to lines outside urban centers but compatible with construction planning which has already approved by competent state agencies or approved by competent state agencies on the word line direction;
đ / Construction works belong to industrial parks, export-processing zones or hi-tech parks with detailed 1/500 plannings have already approved by competent state agencies and appraised for construction designs according to regulations of this Law;
e / The houses belong to urban development projects, housing development projects of less than 7-storey and a total floor area of under 500sqm with detailed planning of 1/500 which have already approved by competent state agencies.
g/ Works for repair, renovation or installation of equipment inside the works, which do not change the force-bearing structures, do not change the utility, do not affect the environment or worker safety;
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- h) The works for repair or renovation, which alter the outer architecture without adjoining the urban roads, with requirements on architecture management;
- i) Technical infrastructure works in rural areas only require the elaboration of economic-technical reports on construction investment and those in areas where have not had detailed rural construction plannings have yet been approved;
- k) Construction works in rural areas where have not had the urban development planning and detailed construction plannings have approved, Individual dwelling houses in rural areas, except for individual dwelling houses build in conservation zones and historical-cultural relics;
- l) The investors of work construction, who are exempt from construction permits according to the provisions of Points b, d, e and I of this Clause, have to announce the time of construction commencement, together with the construction design dossiers to local construction management agencies for monitoring, filing … “
So if you’re constructing is not in one of the categories exempt from the construction permit as provided for in clause 2 of Article 89 of the Construction Act 2014 quoted above, you must ask for permission of the competent authority when you build your home on the land
About penalties for the construction of works without permits: According to the regulation of Article 12 of the Construction Law, building works without permits for construction of works can be condemned under Clause 6, Article 13 of Decree No. 121/2013 / ND-CP dated 10/10/2013 with a fine ranging from VND 3,000,000 to VND 50,000,000 or subject to criminal prosecution. “Violation of regulations on housing management” in accordance with Article 270 of the Penal Code 1999 (amended and supplemented in 2009) with the maximum penalty of up to 2 years.
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