In 2021, what cases is the construction permit revoked?

Minh Hoàng
April 19, 2021
Năm 2021, trường hợp nào bị thu hồi giấy phép xây dựng?

– In case the organization or individual whose construction permit is revoked does not return the construction permit as prescribed, the agency competent to revoke shall issue a decision to cancel the construction permit and notify the investor, the People’s Committee. the commune level where the construction work is located.
In the year 2021, according to Clause 1, Article 101 of the Law on Construction 2014 and Clause 1, Article 53 of Decree No. 15/2021 / ND-CP, a construction permit will be revoked in one of the following cases:

– Case 1: Construction permit is issued in contravention of law, including: Forging papers in a construction permit application dossier; Construction permit is incorrectly recorded due to the fault of the construction licensing agency; Construction permit was issued under authority.

– Case 2: The investor fails to remedy the wrong construction with the construction permit within the time limit stated in the violation handling document at the request of a competent state agency.

– Pursuant to Clauses 2 and 3, Article 103 of the 2014 Construction Law as amended and supplemented by Clause 37, Article 1 of the 2020 amended Construction Law, the agency competent to grant construction permits is the agency competent to revoke permits. issued by me, specifically,

– The People’s Committee of the province (province or centrally-run city) revokes permits for: Works that require a construction permit in the province, except for grade-III, grade-4 and housing works. single.

– The People’s Committee of a district (district, urban district, town, city of a province or city under central authority) revokes a permit for: Works of grade III, level IV and individual houses in the locality. management (for individual houses such as villas, adjoining houses and independent houses, the People’s Committee of the district grants and revokes permits).

– he Department of Construction, the Management Board of industrial parks, export processing zones, hi-tech zones, economic zones, and district-level People’s Committees revoke permits issued by themselves according to the decentralization and authorization of the provincial People’s Committee.

– Within 10 days from the time of having grounds to determine that a construction permit falls into the case of revocation, the agency competent to revoke the construction permit shall issue a decision to revoke the permit.

– The agency competent to revoke the permit is responsible for sending the decision to revoke the construction permit to the revoked organization / individual and posted it on its website; at the same time, send information to the People’s Committee of the commune where the work is located for public disclosure at the People’s Committee of the commune within 05 working days from the date of issuance of the decision.

– Organizations, individuals whose permit is revoked must return the original of construction permit to the agency issuing the decision to revoke the construction permit within 5 working days from the date of receiving the decision on revocation.

– The decision to cancel a 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.

– Case 1: Construction permit is issued in contravention of law, including: Forging papers in a construction permit application dossier; Construction permit is incorrectly recorded due to the fault of the construction licensing agency; Construction permit was issued under authority.

– Case 2: The investor fails to remedy the wrong construction with the construction permit within the time limit stated in the violation handling document at the request of a competent state agency.

– Pursuant to Clauses 2 and 3, Article 103 of the 2014 Construction Law as amended and supplemented by Clause 37, Article 1 of the 2020 amended Construction Law, the agency competent to grant construction permits is the agency competent to revoke permits. issued by me, specifically,

– The People’s Committee of the province (province or centrally-run city) revokes permits for: Works that require a construction permit in the province, except for grade-III, grade-4 and housing works. single.

– The People’s Committee of a district (district, urban district, town, city of a province or city under central authority) revokes a permit for: Works of grade III, level IV and individual houses in the locality. management (for individual houses such as villas, adjoining houses and independent houses, the People’s Committee of the district grants and revokes permits).

– The Department of Construction, the Management Board of industrial parks, export processing zones, hi-tech zones, economic zones, and district-level People’s Committees revoke permits issued by themselves according to the decentralization and authorization of the provincial People’s Committee.

– Within 10 days from the time of having grounds to determine that a construction permit falls into the case of revocation, the agency competent to revoke the construction permit shall issue a decision to revoke the permit.

– The agency competent to revoke the permit is responsible for sending the decision to revoke the construction permit to the revoked organization / individual and posted it on its website; at the same time, send information to the People’s Committee of the commune where the work is located for public disclosure at the People’s Committee of the commune within 05 working days from the date of issuance of the decision.

– Organizations, individuals whose permit is revoked must return the original of construction permit to the agency issuing the decision to revoke the construction permit within 5 working days from the date of receiving the decision on revocation.

– The decision to cancel a 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.

source: Bao Anh
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