Issue of construction permits for the project

Tuesday - 26/06/2018 08:55
 a) Process of implementation:
+ Step 1: Organizations and individuals submit dossiers at the One-stop-shop and Inter-agency One-stop-shop of the Economic Zone Management Board.
One-stop-shop and Inter-agency One-stop-shop is responsible for receiving dossiers; check dossiers; write a receipt if the dossiers meet the requirements according to the regulations or guide. Otherwise, organizations and individuals need to complete the dossiers.
+ Step 2: Within 07 working days from the date of receiving the dossier, the Planning and Construction Division shall have to evaluate the dossiers and conduct field inspection (if necessary). When evaluating dossiers, the Division must identify missing documents, improper or false documents in order to notify once in writing to organizations and individuals for supplementing and completing the dossiers.
If the additional dossiers fail to meet the requirements in the written notices, within 5 working days, the Planning and Construction Division shall have to notify the organizations and individuals with written guidelines to help them complete the dossiers. Organizations and individuals shall have to supplement and complete dossiers according to written notices. After two additions, if the dossiers still fail to meet the prescribed requirements, the Division shall have the right not to consider the issue of permit and notify the organizations and individuals thereof.
The Planning and Construction Division is responsible for comparing the dossiers with the licensing conditions in order to send the request for opinons to state management agencies on the areas related to the construction works. The agencies consulted shall have to reply in writing on the contents within their management functions within 10 working days. After the time limit for collecting opinions, if the consulted agencies do not have further opinions, they are considered to have agreed with the content and take responsibility for the contents under their respective managerial functions.
+ Step 3: Based on the scale, nature, type of work and location of construction works proposed for licensing, The Planning and Construction Division shall, based on current regulations and licensing conditions, submit to the leaders of the Provincial Economic Zone Management Board for decision on the issue of the construction permit within 20 working days.
+ Step 4: Organizations and individuals going to the One-stop shop, Inter-agency One-stop-shop to get the construction permit enclosed with the design dossier sealed by the Provincial Economic Zone Management Board or the written reply (for cases not eligible to issue construction permits) within the time limit stated in the receipt of the dossier.
b) How to implement:
- Submiting and receiving the results directly at the One-Stop Shop of the Economic Zone Management Board.
- Address: 91 Le Duan Street, Dong Ha City, Quang Tri Province
- Phone: 053. 3 859 713 or 053. 6 550 213
c) Composition and number of dossiers:
* Dossiers component:
- An application for a construction permit.
- A copy of one of the documents proving the land use right in accordance with the law on land;
- The decision on the project approval, the decision on the investment policy approval.
- The design drawings of each work under the project for the issue of a construction permit;
- A written evaluation of the design of the requested works by the specialized construction evaluation agency;
- A declaration of capacity and experience of designing organizations, individuals as managers in charge of construction designing, enclosed with a certified copy of a practicing certificate of design managers.
* Number of dossiers:
- Application and legal documents on land and other relevant documents: 01 (set);
- Construction design drawings: 02 (sets).
d) Time limit for settlement:
No more than 20 working days from the date of receipt of complete and valid dossiers.
e) Subjects implementing administrative procedures: Organizations and individuals.
g) Agencies implementing administrative procedures:
+ The competent agency having the authority to make decisions: The Provincial Economic Zone Management Board.
+ Authority or authorized person: Planning and Construction Division.
+ The agency directly implementing administrative procedures: One-stop-shop, Inter-agency One-stop-shop, Planning and Construction Division.
+ Coordinating agencies: State management agencies in fields related to construction works, People's Committees of communes, wards, townships and departments, divisions related to licensed works.
h) Implementation of administrative procedures results:
+ In case the dossiers meet the conditions for the issue: A construction permit of the projects enclosed with the designing dossiers sealed by the Provincial Economic Zone Management Board.
+ In case the dossiers do not meet the conditions for the issue: Official written reply.
i) Fee: 150,000 VND.
k) Form name, declaration form:
Application for construction permit (attached to the Circular No. 10/2012/TT-BXD dated January 20th, 2012 of the Ministry of Construction)
l) Requirements and conditions for implementation of administrative procedures:
- Conditions for issuing construction permits for construction works in urban centers include:
+ Being in accordance with the detailed construction plan approved by the competent state agencies. For construction works in urban areas, streets in urban areas have been stabilized but no detailed construction plannings have been made, they must be in accordance with the regulations on management of urban planning and architecture or urban design issued by competent state agencies.
+ Being Suitable for land use according to the approved land use planning.
+ Ensuring safety for works, surrounding works and requirements on environmental protection, fire - explosion prevention and fighting; Ensuring the safety of technical infrastructures, protection of irrigation, dykes, energy, traffic works, cultural heritages and historical-cultural relics; Ensuring safety distances to inflammable, explosive and toxic works and important works related to National defense and security.
+ Construction design has been evaluated and approved according to the provisions of Article 82 of the Law on Construction 2014.
+ The dossier of application for a construction permit is in accordance with each type of permit as prescribed in Articles 95, 96 and 97 of the Law on Construction 2014.
- The general conditions for the issue of a construction permit shall include:
+ Being in areas where the construction sub-zone planning is approved and published by the competent state agencies but not yet under construction and the land recovery decision has not been issued by competent state agencies yet.
+ Being in accordance with the size of works shall be prescribed by the provincial-level People's Committees for each region and the duration of existence of works according to the approved plans on the implementation of the approved zoning;
+ Investors committing to dismantle their works upon the expiry of their duration stated in the construction permits for a definite period of time, if they fail to dismantle themselves, shall be forced to pay all expenses for the forcible dismantlement.

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