Building a factory is a crucial step in the development of production and business activities. However, before proceeding with factory design and construction, investors are required to obtain a construction permit in accordance with the law.
Proper and complete preparation of documents not only shortens the approval time but also avoids risks such as administrative penalties or forced dismantling of non-compliant works. So, what exactly is required for a factory construction permit, and what is the procedure? Let's explore the details with BIC in the article below!
A construction permit is a legal document issued by a competent state authority, allowing organizations or individuals to carry out construction activities in accordance with planning, design, and current regulations.
For industrial facilities, the construction permit is a mandatory condition for investors to legally commence the factory design and construction processes.
Currently, construction permits are classified into three main types:
- New construction permit: Applied when building a factory on vacant land without any existing structures.
- Renovation or repair permit: Applied when repairing or modifying the structure or architecture of an existing factory.
- Relocation permit: Applied when dismantling and relocating the factory to another location.
Understanding the concept and classification of permits right from the factory design phase helps investors proactively prepare appropriate documents, avoiding unnecessary legal risks during project implementation.
During the process of factory design and construction implementation, not all projects can proceed freely. Under current regulations, investors must obtain a factory construction permit in the following cases:
- Building a new factory on industrial land or planned zones: Regardless of size, all new industrial constructions must obtain a valid construction permit to ensure legal compliance.
- Building a factory in residential areas or special zones: Factories located near residential areas, conservation zones, or areas requiring environmental and fire safety control must obtain a permit.
- Renovating or repairing a factory that changes structural integrity: If structural modifications occur during factory design, a renovation permit is required.
- Relocating a factory: Investors intending to dismantle and move a factory to a new location must apply for a relocation permit.
Additionally, even in certain cases exempted from permits (according to Decree No. 15/2021/ND-CP), safety, planning, and fire protection standards must still be strictly adhered to during factory design and construction.
For a smooth permit application process, investors need to prepare a complete and accurate set of documents according to legal regulations. Especially for large-scale or technically demanding factory design projects, documentation must be meticulously prepared from the outset.
Here is the basic document checklist:
- Application form for a construction permit (as per standard template).
- Certificate of land use rights (certified copy).
- Factory design drawings:
+ Overall layout plan of the construction site.
+ Floor plans, elevations, and sections of the factory.
+ MEP drawings (electricity, drainage, ventilation, fire protection systems).
- Declaration of competence and experience of the design consulting organization.
- Professional practice certificates for architecture and structural design of the design leader.
- Fire safety design approval certificate or approved fire protection plan.
- Environmental impact assessment (EIA) approval decision for projects that require it.
- Investment project approval decision or principal investment approval decision (if applicable).
- Design verification document from a competent construction authority (for projects requiring specialized verification).
Notes:
- All design drawings and legal documents must be prepared by a qualified consulting unit with valid practice certificates.
- During the factory design phase, investors should coordinate closely with the consulting firm to ensure that the documents meet technical standards, zoning plans, and regulations on safety, environment, and fire protection.
To ensure that the factory design and construction are legally compliant, investors must follow a step-by-step process:
Gather all documents as required, including: application form, factory design drawings, professional practice certificates, land use certificates, fire safety certificates, and environmental assessments. Ensure all documents are accurate and complete from the outset to avoid repeated amendments.
The investor or authorized representative submits the documents to:
- The People's Committee at the district level where the factory is located (for small-scale factories), or
- The Department of Construction (for large-scale factories requiring specialized verification).
The authority reviews the completeness and legality of the documents. Site inspections may be conducted to verify compliance with zoning plans and technical standards.
If deficiencies or inaccuracies are found, the authority will notify the investor in writing to amend and supplement the documents within a stipulated timeframe.
Once the documents meet the requirements, the authority will issue the factory construction permit. The processing time is usually between 15 to 30 working days after receiving a complete valid application.
After obtaining the permit, the investor must notify the local construction management authority of the construction start date before officially proceeding with the factory design and construction works.
Applying for a factory construction permit requires careful preparation of both legal documents and factory design plans. To avoid delays or complications, investors should pay attention to the following:
The permit issuance typically takes 15–30 working days. However, incomplete or amended documents may prolong the process. Therefore, preparing a thorough and correct application at the outset is crucial.
Costs include application fees and additional expenses such as design documentation costs, geological survey fees, fire safety verification costs, and design verification costs. Investors should estimate these costs in advance to avoid financial surprises during factory design execution.
Before proceeding with factory design, investors must verify that the proposed construction site is within a designated industrial zone. Violations may lead to permit denial or forced design adjustments.
Factories must meet stringent technical standards, including load-bearing structures, fire safety distances, wastewater treatment, noise, and dust control. During the factory design phase, the consulting team must anticipate and address these requirements to ensure compliance.
For factories classified as Grade I, special-grade, or those requiring specialized verification under regulations, investors must complete the additional step of design verification at a competent authority. This should be factored in early during factory design planning.
Applying for a factory construction permit is a fundamental step to ensure that the project is legally compliant, technically sound, and aligned with zoning plans. Preparing complete documentation and collaborating with a competent consulting unit during the factory design process helps investors save time, minimize costs, and avoid legal risks.
We hope the above information has helped you clearly understand what is required for a factory construction permit and how to properly navigate the application process.
If you are seeking professional support in factory construction design and legal consultation, do not hesitate to contact BIC for detailed advice and comprehensive assistance on your path to successful construction!
