Cannot get a building permit, what should I do? Vietnamese lawyer explains
Translated from Vietnamese, summarized and contextualized by DistantNews.
At a glance
- A reader in Dong Nai city sought advice on obtaining a new building permit for a house after a previous permit from 2016 expired due to financial constraints.
- Vietnamese law outlines conditions for issuing building permits for individual houses, requiring compliance with land use regulations and architectural management.
- The process involves submitting an application, land use rights documents, and design drawings, with authorities typically taking 7 working days to review the application.
A resident of Dong Nai city is facing difficulties obtaining a new building permit for their house, having previously received one in 2016 but being unable to proceed with construction due to financial limitations. Now, when attempting to renew or obtain a new permit, local authorities are reportedly refusing the request.
According to lawyer Nguyen Thi Thu Tam, Vietnamese Law on Construction (amended multiple times) specifies conditions for issuing building permits for private residences. These include compliance with land use purposes, architectural management regulations, and ensuring safety for the structure, neighboring buildings, and the environment. Designs must adhere to legal standards, and the application must align with detailed urban or rural planning.
For individual houses in urban areas, permits require adherence to land use laws and architectural management rules. In established urban areas or streets, the construction must also fit detailed urban planning, specific urban designs, or architectural management regulations. For rural areas, compliance with detailed urban and rural planning laws is necessary.
The application process, as outlined in Article 95 of the law, includes a permit application form, proof of land use rights, and construction design drawings. If adjacent structures exist, a commitment to ensuring their safety is also required. Authorities are expected to review the application and conduct an on-site inspection within 7 working days.
What should I do?
Originally published by Tuแปi Trแบป in Vietnamese. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.