(Chinhphu.vn) - For construction works that are subject to construction permit exemption, investors may request competent agencies to grant construction permits according to current regulations.

Mr. Nguyen Duc Duy Anh (Department of Urban Management in Hai An District, Hai Phong City) would like to request competent authorities to answer the following issue:

Pursuant to Point e, Clause 2, Article 89 of the Construction Law 2014 on cases of exemption from construction permits: “Houses of urban development projects or housing development projects with under 7 stories and a total floor area of under 500 m2 and detailed 1:500-scale plans already approved by competent state agencies;”.

Pursuant to the provisions of Point c, Clause 2, Article 18 of theHousing Law  2014 on housing development projects according to the project included: “Housing development for resettlement”.

In Clause 1, Article 85 of the Land Law 2013 stipulates: “Provincial People's Committees and District People's Committees are responsible for organizing the preparation and implementation of resettlement projects before land acquisition”.

According to Mr. Duy Anh, the resettlement project is a housing development project invested and approved by the provincial and district People's Committees. Is that correct or in-correct?

If his understanding is correct, the resettlement project will be exempt from construction permits (since the resettlement project is a home development project). However, households with land in resettlement projects still need to apply for construction permits to increase the value of land and structures attached to land. So, in this case, does the competent agency issuing construction permits to households with land in resettlement projects violate the regulations? Is there a violation of the construction permit for a project exempted from construction permits (according to the investor's demand)?

The Ministry of Construction answered this issue as follows:

Investment project on building houses for resettlement is a housing development project. In case the provincial / district People's Committee implements land acquisition in accordance with the law on land and at the same time must organize the establishment and implementation of resettlement projects, the authority approving resettlement projects is the People's Committee. Province / District or other competent authorities as prescribed.

Resettlement projects, if meeting one of the conditions in Clause 2, Article 89 of the Construction Law, shall be exempt from construction permits.

For construction works that are subject to construction permit exemption, if having demand, investors may request competent agencies to grant construction permits according to current regulations.