Regulations on licensing the construction of factories is an issue that businesses and construction contractors are very interested in when carrying out the construction of warehouses and factories. Many businesses have difficulty in applying for a construction permit when they do not update or understand the necessary requirements.
Before applying for a construction permit, the first thing a business needs to determine is what type of construction permit to apply for: new construction, work renovation permit or work relocation permit.
1. Order of execution:
Step 1: Prepare the required documents.
– Step 2: Submit the application file at the receiving and returning results section of the People's Committee of the commune or ward.
– Step 3: The City Urban Management Division receives the dossier and conducts verification and submits it to the City People's Committee for licensing.
– Step 4: Organizations and individuals receive permits at the Department of receiving and returning results of the City People's Committee.
2. Method of implementation: Directly at the administrative office.
3. Profile composition:
– 01 Application for a construction permit made according to the form;
– 01 notarized copy of one of the papers on land use rights as prescribed by the law on land, attached to the measurement dossier or an extract of the technical dossier of the land plot of a specialized agency (for land in the ward);
– 03 sets of design drawings;
4. Number of dossiers: 01 set.
5. Processing time: 15 working days from the date of receipt of complete and valid dossiers, excluding holidays and weekends.
6. Subjects performing administrative procedures: individuals, organizations.
7. Agency implementing administrative procedures: Urban Management Division.
8. Results of administrative procedures: License.
9. Fees: fee for granting a house permit is 50,000 VND.
Many cases are in the construction process or have been completed, but the project is still inspected by the district construction inspector. Notice that the project is in the case of building factory items without permission. When this is the case, how will the law be handled?
Pursuant to Article 62 of the 2003 Construction Law, there are provisions:
Article 62. Construction permits
1. Before starting work construction, the investor must obtain a construction permit, except for the following works:
a) Works classified as state secrets, works built under urgent orders, temporary works serving the construction of main works;
b) Works built along lines that do not go through urban areas but are compatible with construction plannings and construction investment projects already approved by competent state agencies;
c) Small-scale technical infrastructure works in remote and remote communes;
d) Separate houses in remote areas, not in urban areas, not in concentrated residential areas, in rural residential areas without approved construction planning;
dd) Works on repair, renovation and installation of internal equipment do not change the architecture, load-bearing structure and safety of the work.
2. For individual houses in rural areas, the regulations on construction permits must be suitable to the actual situation in the locality. The district-level People's Committees shall specify the concentrated population quarters in the areas subject to the issuance of construction permits.
3. The construction of works and separate houses in the region for which the construction planning has been approved and announced but has not yet been implemented, shall only be granted a temporary construction permit with a definite term according to the time limit for implementation of the planning.
Therefore, in your case just mentioned, when building, you must apply for a construction permit.
According to the provisions of Article 10 of the 2003 Construction Law, it is strictly prohibited to build a work without a construction permit for works that are required by law to have a construction permit. Pursuant to Clause 2, Article 11 of Decree 23/2009/ND-CP, which stipulates that:
Article 11. Sanctions of investors who violate regulations on construction order
2. Fines shall be imposed on investors who organize the construction of works without a construction permit but require a construction permit according to regulations:
a. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for building separate houses in rural areas;
b. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for building separate houses in urban areas;
c. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for construction of other works in rural and urban areas.
In addition, based on Clause 8, Article 11 of Decree 23/2009/ND-CP, the investor is also forced to remedy the consequences and be handled according to the provisions of Article 12 of Decree No. 180/2007/ND-CP. :
Article 12. Handling of construction works without a construction permit
1. Construction works that are required to have a construction permit under regulations, when constructed without a construction permit, except for the cases specified in Clause 2 of this Article, must be handled as follows:
a) Make a written record of stopping construction, requesting the investor to demolish the construction work that violates the urban construction order;
b) In case the investor does not stop construction, the construction must be suspended or forced to dismantle the construction work in violation of urban construction order; at the same time, apply measures to stop providing electricity, water and other services related to work construction; ban means of transport to transport supplies, materials and workers into construction;
c) Coercive demolition if the investor fails to comply with the decision to suspend construction. The investor is responsible for all costs of making the demolition plan (if any) and the cost of organizing the demolition.
2. For construction works that do not have a construction permit but satisfy all conditions for issuance of a construction permit according to regulations, the following shall be handled:
a) Construction works that must be recorded in a construction stoppage, request the investor to complete the procedures for applying for a construction permit, including: construction works suitable for planning locations approved by competent authorities; approve; works built on residential land with certificates of land use rights and house ownership, in accordance with construction planning; building new on old house foundation or renovating existing house in accordance with construction planning; works built on land that fully satisfy the conditions for grant of land use right certificates according to the provisions of the land law;
b) In case the investor does not stop construction, the work must be suspended from construction, forced to apply for a construction permit, and at the same time apply the measures specified at Point b, Clause 1 of this Article.
Within a maximum period of 60 days from the date of issuance of a decision to suspend construction, if the investor fails to present a construction permit issued by a competent authority, he/she shall be forced to demolish it;
c) After being granted a construction permit, if the work has been built with the wrong content of the construction permit, the investor must demolish the part with the wrong content of the construction permit by himself. After self-demolition of the work with the wrong content of the Construction Permit, the new investor may continue construction.
In case the investor fails to demolish the part with the wrong content of the granted construction permit, he/she must be forced to demolish according to the provisions of Article 24 of this Decree and must bear all costs of organizing the enforcement of demolition. unloading;
d) If the investor is refused a construction permit or does not have a construction permit after the time limit specified at Point b, Clause 2 of this Article, the investor must demolish the offending work by himself, if the investor fails to do so. If the private investor does not demolish by himself, he/she will be forced to dismantle and must bear all costs of organizing the demolition.
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