New regulations on construction permits in Nghe An

The subjects of application are investors in construction works and projects; agencies, units, organizations and individuals related to the management and issuance of construction permits in Nghe An province.

In this Decision, the Provincial People's Committee specifically stipulates the authorization to grant, adjust, extend, re-grant and revoke construction permits.

New urban area built in Quang Trung ward, Vinh city. Photo: Nguyen Hai

Accordingly, the Department of Construction issues construction permits for special, grade I, and grade II works in the province; grade III and grade IV works located in the areas of two or more district-level administrative units.

The Management Board of the Southeast Nghe An Economic Zone issues construction permits for special, grade I, and grade II works; grade III and grade IV works located in the area of ​​two or more district-level administrative units under its authority to issue investment registration certificates.

The authority authorized to issue construction permits is the authority competent to adjust, extend, reissue and revoke construction permits it has issued.

Regarding the determination of authority to grant and adjust construction permits in some special cases, the Regulation clearly states: In case a construction investment project has many types of works and different levels of works, the authority to grant construction permits for works under the project is determined according to the work with the highest level.

During the construction process, if there is a change in the construction design that changes the level of the construction, leading to a change in the authority to grant a construction permit according to the provisions of Article 103 of the 2014 Construction Law (amended and supplemented in Clause 30, Article 1 of Law No. 62/2020/QH14), the agency that granted the construction permit is the agency that makes adjustments to the granted construction permit.

The scale of the construction work granted a temporary construction permit includes the case of new construction or repair and renovation with a scale of no more than 2 floors and a height of no more than 9 meters; or the case of repair and renovation of a work whose current scale is larger than the scale of the work specified in the above-mentioned case, a temporary construction permit shall be granted but the scale must not exceed the scale of the current work.

The Provincial People's Committee requests: The Department of Construction to direct and provide professional and technical guidance to competent agencies in granting, adjusting, extending, re-granting and revoking construction permits in the province; inspect the implementation of construction according to granted construction permits for works and projects under the authority of granting construction permits; periodically or suddenly inspect the State management of construction permit issuance in the province;

The Department of Construction is also responsible for synthesizing data, reporting to the Provincial People's Committee and the Ministry of Construction every six months, every year, and reporting suddenly when required on construction licensing work in the province.

The Management Board of the Southeast Nghe An Economic Zone is responsible for inspecting the implementation of construction according to the granted construction permits for works and projects under its authority to grant construction permits; when detecting violations, it must coordinate with local authorities to promptly handle them according to legal regulations; report periodically every six months, the whole year and report suddenly when required to grant construction permits under its authority to the Department of Construction.

Departments, branches, sectors; units, enterprises managing, providing, and trading electricity, water and other services; other relevant agencies, units, organizations, and individuals in the field are responsible for coordinating with construction licensing agencies and construction order management agencies in the process of performing their tasks.

The District People's Committee organizes the dissemination, propaganda and guidance of organizations and individuals in the area to implement the State's regulations on granting construction permits; directs the specialized construction agencies at the district level, the Commune People's Committee and related affiliated units to: Receive notices of commencement dates and dossiers of construction project investors for management according to regulations; check the conditions for commencement of construction for all projects and works in the area; regularly monitor, inspect, detect, prevent and handle or recommend timely handling when violations of construction permits granted in the area arise.

District-level People's Committees are responsible for reporting periodically every six months and the whole year (before May 30 and November 20 every year) and reporting suddenly when required on construction permit issuance under their authority to the Department of Construction to report to the Provincial People's Committee and competent authorities according to regulations.

Decision No. 13/2023/QD-UBND dated June 12, 2023 promulgating Regulations on granting construction permits in the province takes effect from July 1, 2023; replacing Decision No. 84/2016/QD-UBND dated June 27, 2016 of Nghe An Provincial People's Committee promulgating Regulations on granting construction permits in the province.

The decision of the Provincial People's Committee also clearly states: This Regulation stipulates a number of contents on the issuance of construction permits in Nghe An province. Contents related to the issuance of construction permits not specified in this Regulation shall be implemented in accordance with the provisions of current law.

For applications for construction permits received before the effective date of this regulation, the competent authority shall issue construction permits based on the provisions of the Construction Law dated June 18, 2014, the Law on Amending and Supplementing a Number of Articles of the Construction Law dated June 17, 2020, Decree 15/2021/ND-CP dated March 3, 2021 of the Government detailing a number of contents on the management of construction investment projects and relevant legal provisions for further settlement.