Obtain the certification of the designs from the Police Department for Fire Fighting and Fire Prevention of Ho Chi Minh City
Agency: Police Department for Fire Fighting and Fire Prevention of Ho Chi Minh City
According to Decree 79/2014/ND-CP dated 31 July 2014 of the Government and Decree No. 46/2012/ND-CP dated 05/22/2012 of the Government on amending and supplementing some provisions of the government’s Decree 79/2014/ND-CP dated 31 July 2014 implementing certain articles of the Law on Fire Prevention and Fire Fighting and the Government’s Decree No. 130/2006/ND-CP dated 08/11/2006 on the compulsory fire and explosion insurance regime, all new commercial buildings must obtain a certification of their designs by the Police Department for Fire Fighting and Fire Prevention. The certification is required for the construction permit application.
258/2016/TT-BTC dated 10/3/2016 on rates, collection, payment, management and use of fees for appraisal of fire safety designs the applicable fee for this procedure is as follows: 0.00888%*warehouse value.
Time and cost: 30 days, VND 242,943
Request and obtain construction permit from the (District) Department of Construction of Ho Chi Minh City
Agency: District-level People’s Committee
The decision to grant a construction permit is made by the District People’s Committee, at the provincial level, and the Construction Office. The following documents are required:
- Application for issuance of building permit (standard form)
- Notarized or certified copy of one of the papers on the land use right in accordance with the Law on Land. Land is national property in Vietnam. Only a business can be the holder of the land-use right. It is assumed that the BuildCo already holds the land-use certificate.
- Two sets of design drawings, each of which includes:
- Drawing of the works position on the land lot with a scale of 1/100 – 1/500, together with the outline of works position;
- Drawing of surface, main elevation and section of the works with a scale of 1/50 – 1/200;
- Drawing of foundation with a scale of 1/100 – 1/200 and foundation section of 1/50, together with the connection diagram to the system of transportation infrastructure, water supply, wastewater and rainwater drainage, wastewater treatment, electricity supply, communications and other technical infrastructure related to the project with a scale of 1/50 – 1/200.
- Environmental protection commitment or environmental protection plan
- Fire protection plan approved by relevant authorities
If deemed necessary, the Construction Office consults any of the following related offices:
- Office of the Chief Architect
- Office for Land Planning
- Office for Land Management
- Department of Culture
- Department of Health
- Department of Natural Resources and Environment
- Fire Protection Office
- Department of Public Traffic and Transportation
- Local National Defense Office
Under Law on Construction No. 50/2014/QH13 of the Government dated 18 June 2014, The Department of Construction has 30 working days from the date of receiving the completed file to issue or deny the construction permit. In practice, this time limit is seldom met. The application form can be obtained at the local department of construction. It is currently required for a construction company to go to the office and obtain the form. After obtaining a construction permit, within a time limit of 7 working days prior to the date of commencement of construction of the warehouse, BuildCo is required to provide written notification of the commencement date to the People’s Committee at the district level where the warehouse is located (according to Article 106.2.c of the Law on Construction No. 50/2014/QH13, dated 18 June 2014).
Time and cost: 82 days, VND 150,000
Notify the Department of Construction about the commencement of construction and receive inspection
Agency: District-level People’s Committee
According to Construction Law, Article 106.2., a construction company is required to provide written notification of the commencement date to the People’s Committee at the commune level where the warehouse is located within 7 working days prior to the date of commencement of construction of the warehouse.
Time and cost: 1 day, no charge
Request and receive inspection from the municipality after completion of foundation works
Agency: District-level People’s Committee
Pursuant to Article 32.4b of Decree 46/2015/ND-CP, the municipality must inspect the project after the completion of foundation works. The competent authority will then issue the Inspection Minutes for acceptance within 7 days as from the completion of the inspection.
Time and cost: 3 days, no charge
Request and receive inspection from the municipality upon completion of building surroundings
Agency: District-level People’s Committee
Pursuant to Article 32.4b of Decree 46/2015/ND-CP, the municipality must inspect the project after building surrounding works. The competent authority will then issue the Inspection Minutes for acceptance within 7 days from the completion of the inspection.
Time and cost: 3 days, no charge
Request water and sewage connection
Agency: Ho Chi Minh City Water Supply Company
Different areas in Ho Chi Minh City are covered by different public water companies. Therefore, BuildCo is required to contact the relevant water company and submit the following documents:
- The application form (available at the water company)
- A notarized copy of the business registration certificate of BuildCo
- A certified copy of the land use right certificate or the construction permit
The costs of obtaining water/sewage connection depend on the usage capacity of the warehouse, as well as on its exact location in relation to the main water lines. The standard water meters cost approximately VND 1.5 million.
Time and cost: 1 day, VND 4,000,000
Receive inspection by water company
Agency: Ho Chi Minh City Water Supply Company
Time and cost: 1 day, no charge
Connect to water and sewage services
Agency: Ho Chi Minh City Water Supply Company
Time and cost: 14 days, no charge
Notify and receive inspection from the municipality after completion of building
Agency: District-level People’s Committee
At the end of construction, the Department of Construction visits the site to confirm that the building was built according to the master plans, rules, and regulations. BuildCo must provide written notification of the completion of construction.
Time and cost: 1 day, no charge
Obtain Certification of Environmental Protection Plans
Agency: Department of National Resources and Environment
According to Decision 52/2016/QD-UBND dated 10/12/2016 and Article 7 Decree 140/2016/ ND-CP dated 10/10/2016, Article 4 Circular 301/2016/TT-BTC dated 15/4/2016, the cost for registering ownership of the warehouse should include an administrative fee of VND 500,000.00 and a registration fee of 0.5% of the warehouse value. For the registration fee, the value of the construction contract signed between BuildCo and the construction contractor will be taken as the warehouse value, provided that it is higher than the minimum value calculated by the Tax Department based on the minimum unit price as provided for by the People’s Committee of Ho Chi Minh City.
The application file should be submitted to the Department of Natural Resources and Environment of Ho Chi Minh City.According to Article 61 of Decree 43/2014/ND-CP (dated 15 May 2014), providing details on the Law on Land, the time for issuance of the certificate of ownership of construction work shall not exceed 30 days. The work carried out by the Department of Construction includes the time for taking measurements or checking the measurements of the construction works, if any; reviewing the application file; submitting the file for approval and signature; and notifying the applicant to make payment of financial obligations (e.g., payment of the registration fee at Tax Department). Decree 88 also states that the applicant must pay all financial obligations within 60 working days from the date of receipt of the notification from the Department of Construction.
Time and cost: 30 days, VND 9,600,000
