LEGAL NOTES WHEN BUILDING A FACTORY: PERMITS, PLANNING, FIRE PROTECTION AND RELATED ISSUES
In the context of increasingly developing economy and industry, the construction of production factories is an essential need for domestic and foreign enterprises. However, to implement a factory project in accordance with the law, ensure safe and effective operation and avoid future legal risks, the Investor needs to pay special attention to related legal factors.
Below are the important contents that Hung Nghiep Phu Construction Investment Company Limited has summarized through the process of implementing a series of factory and workshop projects in many provinces and cities across the country.
1. Building Permit – A mandatory legal basis for all construction projects
a) Is it mandatory to apply for a building permit?
According to the provisions of the 2014 Construction Law, amended and supplemented in 2020, all construction works (except for some special cases such as temporary warehouses, defense works...) must apply for a construction permit before implementation.
Without a license:
- The project may be suspended and fined from 60 to 100 million VND;
- It may be required to be dismantled if the construction is not in accordance with the planning or the land use purpose;
- Not qualified for acceptance, issuance of fire safety certificates or environmental records.
b) What does a license application include?
- Application for construction permit;
- A valid copy of land use right papers;
- Basic design documents (with the seal of the unit with the certificate of capacity);
- Planning approval document or planning compliance certificate;
- Notice of approval of fire prevention and fighting appraisal (if the project requires it).
2. Planning Compliance – Prerequisite for Licensing
a) Check construction land planning
Before preparing a construction permit application, the Investor needs to carefully check the type of land owned or leased:
- Must be industrial park land or non-agricultural production land
- Factory construction is not allowed on agricultural land, perennial land, commercial service land...
This can be done through:
- Extract of planning map at the District/Provincial People's Committee
- Work with the Industrial Park Management Board (if in an Industrial Park)
b) Suitable for construction planning 1/500 or 1/2000
Many localities require construction to comply with a 1/500 detailed plan. In cases where a site does not have a detailed plan, local adjustments or a separate plan may be required – this takes additional time and costs.
3. Fire prevention and fighting – A mandatory factor to put the project into operation
a) When is it necessary to review fire protection design?
According to Decree 136/2020/ND-CP, manufacturing plants, warehouses, factories... are all required to:
- Approve fire protection design before construction;
- Accept fire protection before putting into use.
b) Fire safety approval documents include:
- Document requesting approval;
- Design drawings of fire protection system (fire alarm system, fire fighting system, escape system...);
- Explanation of fire protection measures;
- Legal documents of the investor and design unit.
c) Consequences of failure to comply:
-
Construction without construction permit;
No operating permit;
Can be fined from 80 - 150 million VND if constructed or used without fire safety inspection.
4. Other related licenses and procedures
In addition to the three main issues mentioned above, the Investor also needs to pay attention to:
- Environmental registration: If the project generates wastewater, exhaust gas, solid waste: must prepare an environmental protection plan or environmental impact assessment (EIA).
- Investment registration (if the enterprise has FDI capital): Must apply for an Investment Registration Certificate before implementing the project.
- Technical infrastructure connection license: Including electricity, water, traffic, drainage... licensed by a specialized management agency.
5. Practical experience: Cooperate with reputable consulting and construction units
Việc xử lý đúng – đủ – kịp thời các vấn đề pháp lý đòi hỏi sự hiểu biết sâu về quy định pháp luật, năng lực hồ sơ và kinh nghiệm thực tiễn. Vì vậy, việc chọn đúng đối tác thi công – tư vấn tổng thể là một bước đi quan trọng, giúp tiết kiệm thời gian, giảm thiểu rủi ro và bảo vệ quyền lợi cho Chủ đầu tư.
With nearly 10 years of experience in implementing factory projects across the country, Hung Nghiep Phu Construction Investment Co., Ltd. not only undertakes construction but also accompanies customers in:
- Pre-project legal consulting;
- Preparing documents for construction, planning, and fire prevention permits;
- Supporting contact with management agencies, speeding up procedural processes.
Factory construction is not just a matter of technical and cost issues – it is also a journey of strict compliance with the law, ensuring sustainable and safe operations. With careful preparation from the beginning, and the support of a reliable construction and consulting unit, all legal difficulties can be resolved quickly and effectively.
Hung Nghiep Phu – Creating sustainable, legal and long-term value projects.
INTRODUCING A REPUTABLE DESIGN & CONSTRUCTION CONSULTING SERVICE PROVIDER
The importance of construction units is undeniable, their reputation will ensure the quality and aesthetics of your project. Currently, there are many units providing design and construction services to meet the increasing construction needs in our country. Therefore, finding a reputable unit is not easy and requires you to spend time researching. In the selection process, you need to research carefully and ensure that the accompanying unit must have high expertise, many years of experience, have a clearly signed contract, transparent costs, ... To help customers save time searching, Hung Nghiep Phu Construction Investment Company Limited is confident that it will be the best choice for you.
Hung Nghiep Phu Construction Investment Company Limited with the mission of providing the best solutions and services, building a prosperous community with customers, Hung Nghiep Phu is gradually affirming its brand through sincere cooperation, with a leadership team with ethical capacity, creativity, high expertise and strategic vision. Hung Nghiep Phu owns a team of skilled, highly qualified employees who will bring customers the best quality technology.
Hung Nghiep Phu Construction Investment Company Limited - specializes in constructing civil and industrial works. We wish to accompany customers in construction projects as well as continuous procedures such as planning diagrams, applying for construction permits, completing procedures, applying for fire prevention and fighting certificates,... If you have any questions or are in need of design, completing procedures, please contact us immediately for free consultation!
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CONTACT INFORMATION FOR COOPERATION:
Facebook: Công ty TNHH Đầu tư Xây dựng Hưng Nghiệp Phú (興業富)
Hotline: 1800.3368 (free)
Website: xaydunghungnghiepphu.com
Gmail: kinhdoanh01@xaydunghungnghiepphu.com
Address: No. 2034D, Group 22, Phuoc Thai Hamlet, Thai Hoa Ward, Tan Uyen City, Binh Duong Province
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Source: Compiled from the Internet
