b) Where the houses have been built after the 1/2000 construction planning day (or zoning planning) and been approved and announced by the competent state authority: only permitted for repair or renovation (floor and roof raising; roof and floor change with standard light assembled materials or wall rebuilding) without change of performance and effect on bearing structure and safety of works.

3. For areas of vacant land not suitable with interspersion planning in residential area with legal papers on land use right (no consideration of land use purpose), without decision on land recovery of the competent state authority for implementation under the planning will be issued with the definite construction permit for investment in works construction in service of community activities such as: sports ground, children’s playground, installation of equipment for outdoor sports and other works for cultural and sports activities which will be decided by district People’s Committee with the size of 01 floor (ground floor, brick wall and metal sheet roof). The investor must undertake to dismantle these works without any condition upon the requirements of the competent state authority for implementation under the planning.

4. For the repair, renovation, upgrade or re-building of the existing gasoline stores which exist and are operating from March 16, 2007 and earlier, the construction permit will be issued on the basis of criteria specified in Decision No. 17/2012/QD-UBND dated May 09, 2012 of the HCM City People’s Committee and the national technical Regulation QCVN 01: 2013/BCT issued with Circular No. 11/2013/TT-BCT dated June 18, 2013 of the Ministry of Industry and Trade;

5. For houses and land located within the scope of building line planning of motorway, national highway, expressway, within the scope of planning of traffic intersections in urban areas and railways approved and announced but without decision on land recovery of the competent state authority for implementation under the planning:

a) Where the house or land is located within the scope of building line planning of motorway, national highway, expressway, within the scope of planning of traffic intersections: On the basis of determining the limit of roadway safety corridor under the provisions in Clause 2, Article 1 of Decree No. 100/2013/ND-CP dated September 03, 2013 of the Government on amending and supplementing a number of articles of Decree No. 11/2010/ND-CP dated February 24, 2010 of the Government stipulating the management and protection of road traffic infrastructure, the remaining part of house or land within the scope of building line planning (but outside the limit of roadway safety corridor) will be issued with the definite construction permit with the size up to 03 storeys (excluding the mezzanine on the 1^st floor and stair roofing on the top floor if any).

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b.1) In case the boundary, alignment and protection corridor along alignment have been approved and announced by the competent state authority: no permission for new construction but only repair, renovation or reinforcement under the present condition of the house (no permission for change of size, area or structure of old house; possible change of floor, roof or wall with light materials such as cemboard plate, wood, metal sheet,….).

b.2) In case the boundary, alignment and protection corridor along alignment have not been approved and announced by the competent state authority: considered for issue of definite construction permit with the size up to 03 floors (excluding the mezzanine on the 1^st floor and stair roofing on the top floor if any).

6. In case the houses are in the protection corridor of bridges and banks of rivers and canals (no application to the areas at risk of landslide or areas with embellishment and renovation project or decision on land recovery of the competent state authority) and exist before the effective date of Decision No. 150/2004/QD-UB dated June 09, 2004 of the HCM City People’s Committee:

a) In case the houses are situated on river, canal, lake (houses on stilts): During the time state has not carried out the relocation, such houses may be repaired, renovated or reinforced under the present condition of the house (no permission for change of size, area or structure of old house; possible change of floor, roof or wall with light materials such as cemboard plate, wood, metal sheet,….) to prevent collapse, landslide in the case of no effect on the flow and waterway transportation.

b) Where the rivers and canals from grade V to VI and rivers and canals have not classified technically: Within the protection corridor of rivers and canals, only repair or renovation permitted under the present condition of old house (possible change of floor, roof or wall with light materials such as cemboard plate, wood, metal sheet,….).

c) Where the rivers and canals from grade I to IV: within a scope of 20-30m (for grade III and IV) and from 20m to 50m (for grade III and IV) and from 20-50m (for grade I and II) from the high edge of bank backward: permitted repair or renovation under the size and present condition of old house or issue of construction permit for building of new house with a size of 01 floor (ground floor, brick wall and metal sheet);

d) For the works and houses existing in the protection corridor of bridge: no permission for new construction to increase the area or works structure; only permitted repair or renovation (floor and roof raising; roof and floor change with standard light assembled materials or wall rebuilding) without change of performance and effect on bearing structure and safety of works.

7. There is no need to have the construction permit for works built on the agricultural land of farmer households (with the use purpose as other agricultural land under regulations of law on land); not under the urban construction planning and rural residential area planning (new rural commune planning) in service of agriculture in accordance with the purpose of land use such as: greenhouse and other types of house for the purpose of cultivation, including forms of cultivation not directly on the ground; building for livestock, poultry and other animals permitted by law; experimental research farms or stations, forestry, salt production and aquaculture; seedling and breeder incubating facilities; storage of agricultural products, plant protection products, fertilizers, machinery, agricultural tools. The size of construction for the above works is the type of temporary semi-solid works, 01 floor (brick wall, metal sheet roof, steel frame, covered by metal sheet, foil, plastic sheet, wooden materials, thatch, bamboo..) and the constructional area is consistent with the actual situation at localities specified by the district People’s Committee.

8. For the works (except factories and polluting production facilities interspersed in the existing residential areas to be relocated as planned) and existing individual houses in the area inconsistently with function of land use under the zoning plan or the 1/2000 urban design plan approved and without a decision on land recovery of the competent state authority for implementation under the planning or urban design: such works will be considered for issue of construction permit with a size of up to 3 floors (excluding the mezzanine on the ground floor and stair roofing on the top floor if any)

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Article 4. Requirements for the investors

1. Implementing their rights and responsibilities under the provisions in Article 19 of Decree No. 64/2012/ND-CP dated September 04, 2012 of the Government.

2. Before carrying out the repair or renovation under the provisions at Point b, Clause 2; Item b.1, Point b, Clause 5; Point a, b and Article, Clause 6 or building works on agricultural land specified in Clause 7, Article 3 of this Decision or the subjects who are not required to have a construction permit: the investor will give a written notice of the contents of repair or renovation or construction to the People’s Committee of commune, ward or town where there is the works in order to be instructed, inspected and monitored the performance properly.

Article 5. Decentralization of authority to issue the construction permit

1. The HCM City People’s Committee will authorize the Department of Construction to issue the construction permit to the following constructional works:

a) Works of special grade, grade I and II are determined under the provisions in the Circular No. 10/2013/TT-BXD dated July 25, 2013 of the Ministry of Construction detailing a number of contents on the management of quality of constructional works.

b) Religious works; historical-cultural monuments, memorials, mural paintings: On the basis of the written opinion of the specialized state management organs, the Department of Construction will make proposal and request the HCM City People’s Committee to consider and approve before issue of construction permit.

c) Works under the project with foreign direct investment capital; works along route within the areas from 02 districts or more; works along main streets in the urban area under the Annex attached to this Decision; works must have the construction investment project under regulation and other works which are authorized by the HCM City People’s Committee.

2. HCM City People’s Committee authorizes the Management Boards for investment and construction of new urban area: Southern City, Thu Thiem, Northwest; Management Board of Export Processing Zones, Industrial Parks and High-tech parks (defined duties and powers in the field of construction management activities in the Regulation on operation issued by the competent authority) may issue the construction permit to the works located within the land boundary assigned for management (except individual house, religious works, historical-cultural monuments, memorials, mural paintings).

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4. Communal People’s Committees will issue the construction permit to the family households and individuals at the rural residential areas with the 1/500 detailed construction planning that has been approved and in rural areas where there must be the construction permit upon construction under the regulations of district People’s Committees within the administrative boundaries under their management.

Article 6. Coordination and responsibility of organs and individuals related to the issue of construction permit and management of constructional order

1. The construction permit issuing organs specified in Article 5 of this Decision are responsible for the issue of construction permit in accordance with the prescribed authority; public posting of process and procedures for issue of construction permit at the dossier receiving place; implementation of periodical report (monthly, quarterly, biannual and annual) on the work of issue of construction permit and constructional management in the areas to the Department of Construction and the Department of Statistics of HCM City for aggregation and report to the HCM City People’s Committee and the Ministry of Construction.

2. The specialized state management organs must coordinate and provide all information upon the requirements from the construction permit issuing organs and construction order managing organs.

3. The HCM City urban railway management Committee will publicize the planning of urban railway routes which have been approved by the competent state authority; provide the approved map of corridor and alignment for the construction permit issuing organs and other relevant units for management and implementation under the regulations.

4. Organizations and individuals as investors of constructional works must take full responsibility before law for the truthfulness and legality of papers included in the dossier for the issue of construction permit and dossier provided for the units managing the constructional order and quality of constructional works.

5. For Department of Planning and Architecture:

a) Takes the prime responsibility and coordinate with the People’s Committees of districts to determine the areas and streets which must have Regulation on management of planning and urban architecture while providing guidance and speed up the progress of formulation and approval for the Regulation on management of planning and urban architecture or design mentioned above (also regulation on the works architecture within the scope of expanded building line planning) as a condition for the issue of construction permit in accordance with regulation.

b) Coordinates with the Department of Planning and Investment, Department of Transport and People’s Committee of districts to review and announce the time limit for implementation of planning of streets with building line from 12 m or more.

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6. For the Department of Information and Communications: Takes the prime responsibility and coordinate with the Department of Planning and Architecture, Department of Transport and the People's Committees of districts to formulate and assess for submission to the HCM City People's Committee for approving and publicizing the passive telecommunications infrastructure planning once for every 05 years with annual adjustment and supplementation and including the relevant contents of passive telecommunications infrastructure planning in the 1/2000 transport and construction planning (or zoning planning), the 1/500 detailed planning under the provisions in Clause 4, Article 40 of Decree No. 25/2011/ND-CP dated April 06, 2011 of the Government detailing and providing the guidance on the implementation of a number of articles of the Telecommunications Law

7. For the Department of Transport: Takes the prime responsibility and coordinate with the Department of Agriculture and Rural Development and other relevant units to inspect and determine the scope of effect of flow, waterway transportation and other areas at risk of landslide in the areas of HCM City in order to inform the relevant People’s Committee of districts for management and implementation under regulation.

8. For Department of Construction:

a) Implements and provides training on the issue of construction permit and management of constructional order for the construction permit issuing organs and manage the constructional order in the areas of HCM City.

b) Periodically or irregularly examines and inspect the issue of construction permit and management of constructional order at the organs issuing the construction permit and managing the constructional order in the areas of HCM City.

c) Aggregates and requests the HCM City People’s Committee to consider and provide the settlement for cases beyond the authority or consult the Ministries and sectors concerned about the problems and difficulties in implementation at the request of the construction permit issuing organs in the areas of HCM City.

d) Building Inspectors will inspect the conditions for commencement of works construction (paying attention to the technical design and working drawing design have the right to assess and approve to ensure the compliance with law on management of quality of constructional works) before the investors conduct the construction of works in accordance with regulation.

9. For district People’s Committee:

a) Specifies the constructional scale for cases of issue of definite construction permit under the provisions in Clause 2 of Article 2; the cases of issue of construction permit under the provisions in Clause 1, Point a, Clause 2, 5 and 9, Article 3 of this Decision for management of synchronous and harmonious architecture and landscape of each area.

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c) Updates on the cadastral map and coordinates with relevant agencies to organize field demarcation: Red boundary line, construction boundary line, protection corridor of transportation works (bridges, roads, railways), the technical infrastructure (power lines, power stations, water supply and drainage systems); protection corridor of banks of rivers and canals; the scope of protection of irrigation works, dyke, energy, cultural heritage sites, historical and cultural monuments and the protection area of other works prescribed by law as the basis for issuing the construction permit and construction management as prescribed.

d) Particularly the district People’s Committees are responsible for defining the areas which must have the construction permit upon building within the administrative boundary under their management; accelerating the progress of formulation and approval for rural residential areas or new rural commune construction planning as a basis for the issue of construction permit under the regulation. Specifying the constructional area in line with the new rural commune construction planning in case of works construction on other agricultural land in service of agriculture under the provisions in Clause 8, Article 3 of this Decision.

10. For People’s Committees of communes, wards or towns:

a) Verify and certify the individual houses on the agricultural land interspersed in the residential area on: time for house building; state of dispute or complaint (if any). Strictly prohibiting any abuse of such policy for benefit; certification of wrong subject or improper building time; purchase of agricultural land, lot splitting and ground sale, additional building of works on agricultural land. The Chairman of People’s Committee of districts, wards, communes and towns will take responsibility to ensure the settlement with proper subjects and provisions in this Decision.

b) People’s Committees of wards, communes and towns receive the written notice of commencement date of works construction and contents of repair and renovation from the investors; conduct the inspection and monitoring of implementation under the construction permit and construction management for works located within the administrative boundary under their management; detect and suspend to promptly handle the violations of construction under regulations of law.

Article 7. Implementation organization

1. This Decision (enclosed with the List of main streets in the areas of HCM City and the Form of definite construction permit) supersedes the Decision No. 21/2013/QD-UBND dated June 28, 2013 of the HCM City People’s Committee detailing a number of contents on the issue of construction permit in the areas of HCM City and takes effect 10 days after its signing date. The previous regulations on issue of construction permit of the HCM City People’s Committee in contradiction with this Decision are invalidated.

2. For dossiers for issue of construction permit submitted before the effective date of this Decision are applied with the provisions of Decision No. 21/2013/QD-UBND dated June 28, 2013 of the HCM City People’s Committee and other relevant regulations of law.

3. Any difficulty arising during the implementation of this Decision should be promptly reported to the Department of Construction for settlement. If beyond the authority, the Department of Construction will request the HCM City People’s Committee to review, amend or supplement this Decision accordingly.

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ON BEHALF OF HCM CITY PEOPLE’S COMMITTEE
PP. CHAIRMAN
DEPUTY CHAIRMAN




Nguyen Huu Tin