CIRCULAR

AMENDING AND SUPPLEMENTING JOINT-CIRCULAR No. 09/1999/TTLT-BXD-TCDC OF DECEMBER 10, 1999 OF THE MINISTRY OF CONSTRUCTION AND THE GENERAL LAND ADMINISTRATION GUIDING THE GRANTING OF CONSTRUCTION PERMITS

Pursuant to the Government’s Decree No. 15/CP of March 4, 1994 on the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the Government’s Decree No. 52/1999/ND-CP of July 8, 1999, promulgating the Regulation on Investment and Construction Management and Decree No. 12/2000/ND-CP of May 5, 2000 amending and supplementing a number of Articles of the Regulation on Investment and Construction Management, issued together with the Government’s Decree No. 52/1999/ND-CP of July 8, 1999;
After consulting the General Land Administration, the Ministry of Construction hereby amends and supplements a number of points of Joint-Circular No. 09/1999/TTLT-BXD-TCDC of December 10, 1999 which guides the granting of construction permits as follows:

1. To add Point 4.3, Clause 4, Part I:

For dwelling houses of households and individuals with a height of 3 storeys or less (1 ground floor + 2 upper storeys) and a flooring space of not more than 200 m2, the investors themselves may compile the construction and design dossiers under the guidance of the provincial/municipal Construction Services and shall bear the responsibility before law for the safety and durability of their own constructions.

For dwelling houses of households and individuals with a height of over 3 storeys and a flooring space of over 200 m2, the investors themselves may also compile the construction and design dossiers under the guidance of the provincial/municipal Construction Services, but such construction and design dossiers compiled by the investors must be inspected and certified by the construction and design consulting body for their compliance with the construction standards and criteria, issued by the competent State agency.

2. To annul Clause 4, Part IV on the granting of construction permits in Hanoi and Ho Chi Minh City.

3. To amend Clause 5, Part V, on inspection and supervision of the compliance with the construction permits as follows:

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When having a need to change and/or supplement the contents of the construction permits, the investors must file an application for permission from the construction permit-granting agency, clearly stating the reasons therefor as well as the contents to be changed and/or supplemented.

The agency competent to grant construction permits shall consider and decide upon the changes and/or supplements to the construction permits within 10 days after receiving the written application from the investors.

When determining the location of a project, the height of its ground ± 0.00, building the foundation and underground works, the investors shall have to notify the construction permit-granting agency thereof so that the latter can send its officials to make a field inspection and certify that the project is constructed in accordance with the granted construction permit. If, within 3 days after receiving the written notice of the investors, the construction permit-granting agency still fails to send its officials for field inspection, the investor may continue building the project. The construction permit-granting agency shall bear all responsibilities for any mistakes caused by its delayed inspection.

For the remaining construction stages, the investor must carry out the construction in strict accordance with the granted construction permit. In cases where the investors carry out the construction in contravention of the provisions of the construction permits, they shall be handled according to law provisions before being allowed to continue the construction.

When the construction is completed, the investors must organize the pre-acceptance test according to provisions of legislation on the quality control of construction works.

In cases where a project is constructed with changes at variance with the construction permit, but for a plausible reason which have been approved by the construction permit-granting agency, such changes must be indicated in the construction completion dossier.

This Circular takes effect 15 days after its signing. Other previous guidance contrary to this Circular is no longer effective.

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