CASES OF WITHDRAWAL OF CONSTRUCTION PERMIT

Legal grounds

Law on Construction 2014;

The amended Law on Construction 2020;

Decree 15/2021/ND-CP.

1. In what cases is the construction permit is withdrawn?

Pursuant to the provisions of Article 101 of the Law on Construction 2014 and Article 53 of Decree 15/2021/ND-CP, the construction permit shall be revoked in the following cases:

(i) Construction permits are not issued according to the provisions of laws (include the following cases: Forging documents in the application for a construction permit; The construction permit is wrongly recorded due to the fault of the construction permit-issuing agency; Construction permits are issued improperly);

(ii) The investor fails to correct the construction in violation of the construction permit within the time limit specified in the violation handling document at the request of the competent state agency.

2. Revocation of construction permits

Pursuant to Article 53.2 of Decree 15/2021/ND-CP, detailing the order in which construction permits are revoked by competent authorities are as follows:

- Within 10 days from the date of determining the construction permit is revoked, the competent authorities shall issue decisions on revocation of construction permits;

- Within 05 working days from the date of issuance of the decision, the competent authorities shall send the decision on revocation of the construction permit to the revoked organization/individual and post it on its website; simultaneously send this information to the People's Committee of the commune where the work is located for the public announcement at the People's Committee of the communal place;

- Within 05 working days from the date of receipt of the decision to revoke the construction permit, the revoled organization or individual must return the original construction permit to the authority that issuing the decision;

3. Cancellation of construction permits

- In case a revoked organization or individual does not return the construction permit as prescribed, the competent authorities shall issue a decision to cancel the construction permit as prescribed in Article 101.2 of the Law on Construction 2014 and notify the investor, the People's Committee of the commune where the construction work is located.

- The decision to cancel the construction permit must be posted on the website of the construction permit revocation agency and integrated on the website of the local Department of Construction.

4. Which agency has the authority to withdraw construction permits?

According to the provisions of Article 103 of the Law on Construction 2014 and Article 1.37 of the revised Law on Construction 2020, the agency competent to revoke construction permits is agencies competent to grant, adjust, extend and re-issue construction permits issued by such agencies. Depending on each case, the competent authorities are the following:

- Provincial-level People's Committees shall grant construction permits to works that are required to be granted construction permits in the province, except for works under the authority of the District-level People's Committees. Provincial People's Committees decentralize and authorize Departments of Construction, Management Boards of industrial parks, export processing zones, hi-tech zones, economic zones, and district-level People's Committees to issue construction permits within their respective functions and its jurisdiction.

- District-level People's Committees shall grant construction permits to grade III, grade IV works, and separate houses in the area under their management.

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