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Conditions for granting construction permits for individual houses have been specifically stipulated in Clause 3, Article 93 of the Construction Law 2014 (amended and supplemented in Laws on Architecture No. 40/2019/QH14 and Law No. 62/2020/QH14). Mr. Hoang The Cuong (HCMC) bought a plot of land in Cu Chi commune. The land lot has been issued a pink book by the state since 2020. This land belongs to the category Land of new construction housing groups in mixed-use land areas as prescribed in section 6.3 of Decision No. 4794/QD-UBND of Ho Chi Minh City Peoples Committee signed on September 4, 2013. In section 3, point a, clause 1, Article 5 of Decision No. 60/2017/QD-UBND, it is written: Truong In case the detailed construction planning at scale 1/2000 or zoning planning at scale 1/2000 or detailed planning for construction of rural residential areas has been approved by a competent state agency, the land plot is identified as being planned for new construction residential land, mixed-use land (including residential land functions) and is included in the district-level annual land use plan, in order to recover and implement the project, the land plot cannot be divided. After 03 years, from the date of review and approval of these plans, if there is no district-level annual land use plan or in the district-level annual land use plan and there has been no land recovery notice, no land recovery decision, and the competent state agency has not adjusted or canceled it or has adjusted and canceled it but has not announced the adjustment or cancellation of the district-level annual land use plan, the land plot will be divided. After that, Ho Chi Minh City has inspected violations of this law. land in Cu Chi and there is Conclusion No. 08/KL-TTTP-P3 dated June 15, 2020. According to Document No. 5426/UBND-VP of Cu Chi District Peoples Committee signed on June 17, 2022 and sent to Ho Chi Minh City Peoples Committee requesting measures to correct violations, this land has been approved by all levels of Cu Chi district and Ho Chi Minh City as follows: Document No. 5772/UBND-QLDT dated May 15, 2019 sent to the Department of Planning and Architecture; Document No. 2735/SQHKT-HTKT dated June 12, 2019 and 8196/UBND-QLDT dated July 15, 2019 approved infrastructure investment; Document No. 14275/UBND-QLDT dated November 29, 2019 accepting subgrade inspection before plastic carpet; Document No. 15520/UBND-QLDT dated December 30, 2019 accepting traffic connection; Document No. 15521/UBND-QLDT dated December 30, 2019 accepting infrastructure acceptance; Document No. 2331/UBND-QLDT dated March 16, 2020 approved the relocation of residential land. Currently, Mr. Cuong needs to build a house to live on this plot of land, but when he submitted the application for a construction permit, the commune did not agree because it was waiting to fix the violations. According to the above documents, Mr. Cuong found that the investor who sold him this plot of land did not violate the regulations in separating plots and selling them to people, so up to now, the The Peoples Committee of Cu Chi Commune refusing to grant construction permits to people is incorrect. Currently, the 1/2000 zoning plan mentioned above has expired but Ho Chi Minh City has not yet issued a new 1/2000 planning. Mr. Cuong asked in this case, can he apply for a construction permit? The Ministry of Construction responded to this issue as follows: The content of the request for guidance is not complete, the attached documents are not complete, therefore, the Ministry of Construction guided him with the following principles: following: Conditions for granting construction permits for individual houses have been specifically stipulated in Clause 3, Article 93 of the 2014 Construction Law (amended and supplemented in Laws on Architecture No. 40/2019/QH14 and Law No. 62/2020/QH14). Please refer to the basis for implementation. In case all the conditions according to this regulation are met, you will base on the provisions at Point a, Clause 1, Article 106 of the Construction Law 2014, contact the competent authority on granting construction permits to comply with the regulations. Chinhphu.vn See moreDossier to request a construction permit See moreNew regulations on granting construction permits See moreWhat planning basis to grant a permit construction?See moreCommune merged into a ward, do I need to apply for a construction permit?See moreConditions for granting a construction permit with a limited periodSee moreSee moreCant contact the old owner, can I change the name on the construction permit?See moreConditions that do not require a construction permit See moreProjects that are exempt from construction permits from 2026See moreBuilding individual houses, when are they exempt from construction permits?
