Question:
We wish to have your advice if there is any requirement for the Occupation Permit to be issued by the Ministry of Construction in Vietnam connection with the approval for human occupation of the Property, is it required for both old and new building before operation?
Answer:
Regarding your questions, please find the hereunder.
Pursuant to Law on Construction 2014 and Decree No. 46/2015/NĐ-CP, the conditions for a construction Work or a Section to be taken over and used by Investor/Owner shall be as follows:
(i) The Work or Section has been accepted in accordance with Construction laws;
(ii) For special construction works as provided in Clause 1 Article 32 of Decree No. 46/2015/NĐ-CP, the acceptance of those works shall be inspected by a relevant competent authority and such authority shall issue an approval document for the acceptance of Investor.
The acceptance of the Works upon completion shall be carried out by the Investor. One of the conditions for acceptance is that the Works has been issued: (i) a written approval on fire-fighting and prevention by the relevant Police authority; (ii) a written confirmation on the completion of the environment protection constructions for the project granted by the competent Authority who had approved the Environment Impact Assessment; and (iii) other written approval by relevant competent authorities (if any).
For special construction Works as provided in Clause 1 Article 32 of Decree No. 46/2015/NĐ-CP which their acceptance to be used shall be inspected by relevant competent authorities are National important construction works; Constructions having large scale or complicated technique; Constructions with huge effect to the safety of community and environment, and construction using State budget.
Appendix II attached to Decree No. 46/2015/NĐ-CP specifies the List of constructions with huge effect to the safety of community as follows:
| Code |
Type |
Level |
|
| I |
CIVIL CONSTRUCTIONS |
||
| I.1 | House | Apartment building, condominium, dormitory, individual houses from 7 floors to above | From Level III to above |
| I.2.5 | Constructions for purpose of trade, services and offices of organization and enterprises | Multi-purpose complex, hotel; Office of organization and enterprises | From Level III to above |
| Trade center and supper market | From Level III to above | ||
The classification of construction levels by structure is issued under Circular No. 03/2016/TT-BXD as hereunder:
| No. | Type of structure |
Criteria |
Level of construction | ||||
| Special | I | II | III | IV | |||
| 2.1 | 2.1.1. House, Structure like house;
Villas not shorter than level III 2.1.2. High-rise building (not included structure in Section 2.2). 2.1.3. Large span structural frame (not included structure in Section 2.3 and 2.5) For example: archway gate, bridge house, …etc.
|
a) Height (m) | > 200 | > 75 ÷ 200 | > 28 ÷ 75 | > 6 ÷ 28 | ≤ 6 |
| b) Number of floor | > 50 | > 20 ÷ 50 | 8 ÷ 20 | 2 ÷ 7 | 1 | ||
| c) Total floor area
(in thousand m2) |
> 20 | > 10 ÷ 20 | 1 ÷ 10 | < 1 | |||
| d) Maximum span structure (m) | > 200 | 100 ÷ 200 | 50 ÷ < 100 | 15 ÷ < 50 | < 15 | ||
| đ) Underground depth (m) | > 18 | 6 ÷ 18 | < 6 | ||||
| e) Undergroundfloor | ≥ 5 | 2 ÷ 4 | 1 | ||||
The competent authorities which are responsible for the inspection of acceptance for above-mentioned works shall be Ministry of Construction or Provincial Department of Construction subject to the level of the Works.
