Building a factory requires compliance with mandatory legal regulations. Among these, the following 5 regulations on factory construction are the most important.
1. Regulations on land for factory construction
According to the 2013 Land Law, industrial factories must be built on non-agricultural production land. This includes industrial park land, land for production and business facilities, land for construction material production, mineral extraction, and other non-agricultural service production land.
Regarding residential land, enterprises are fully permitted to build industrial factories. This is one of the State's support policies to help enterprises have more opportunities to develop, expand production, and contribute to national development.
Regarding agricultural land, building a factory is not possible. According to regulations, agricultural land is only permitted for purposes such as cultivation, agricultural farming, production, and livestock. If a factory is built on agricultural land, it is considered land misuse and a violation of the law.
However, if an enterprise still wishes to build, it is mandatory to proceed with the full conversion of land use purposes in accordance with State regulations.
Procedures for requesting land use purpose conversion include:
- Application for land use purpose conversion
- Certificate of land use rights
- Personal identification documents of the land user
Procedure for applying for land use rights conversion permit:
- Step 1: Submit all prepared documents and procedures to the Department of Natural Resources and Environment where the land is located.
- Step 2: The competent authority receives and appraises the application and provides the results to the enterprise.
2. Regulations on procedures for applying for a factory building construction permit
When the land is in an area permitted for factory building construction, the enterprise can proceed with construction. However, before commencing construction, the enterprise must apply for a permit. This is a mandatory regulation clearly stated in the 2014 Construction Law – Article 89.
“Before commencing construction of a project, the investor must have a construction permit issued by the competent state agency in accordance with this Law, except for cases specified in Clause 2 of this Article.”
Once the construction permit is granted by the competent authorities, the construction of the factory building is considered legal. To apply for a construction permit, the enterprise must follow the sequence and complete all procedures. Thorough preparation of procedures and a clear understanding of the process will help make the permit application process fast and effective. Thereby, helping the enterprise accelerate the progress of factory building construction.
3. Regulations on factory building construction density
Construction density is one of the important regulations that needs to be considered and clearly understood right from the design drawing stage. This is to ensure the efficiency, legal aspects of the project, and the general landscape of the area surrounding the factory building.
Factory building construction density is the ratio of land area occupied by the factory building to the total area of the entire land plot. Each land area will have its own construction density, regulated by the national technical regulations on construction planning – QCVN 01:2019/BXD. Construction density will depend on the height of the structure and the area of the land plot.
Lookup table for permitted construction density of factory buildings
4. Regulations on industrial factory building design
Factory building design regulations are legal provisions regarding technical parameters, dimensions, and construction specifications for each item in the factory building that enterprises and contractors must comply with. This is a factor used to evaluate the overall quality of the factory building project after completion.
Factory building projects that comply with design regulations will ensure that the construction process is smooth and on schedule. At the same time, when the factory building goes into operation, it will help the operation process be efficient and safe for workers.
Specific regulations on factory building design are as follows:
- Regulations on factory floor design: For factory foundation items, it is necessary to comply with the regulations in TCVN 2737 – 1995 of the Ministry of Construction. In which, the elevation of the top of the foundation must be lower than the floor level with a difference of 2.0m for steel columns; 0.5m for columns with wall-filling frames; 0.15m for reinforced concrete columns.
- Regulations on roof and roof monitor design: Depending on the roofing material, there will be different regulations on roof slope. For asbestos-cement roofing sheets, a slope of 30% – 40% is allowed. Corrugated metal roofing sheets have a slope of 15% – 20%. Tiled roofs have a slope of 50% – 60%. The slope of reinforced concrete roofing slabs is from 5% – 8%.
- Regulations on surrounding wall design: Depending on the materials used for walls and partitions, there are different specific regulations. If the wall is made of lightweight materials, the base of the wall needs to be built with sturdy materials such as: reinforced concrete, bricks, etc. The wall base also needs to comply with specific technical parameters depending on the scale and characteristics of the factory building.
- Regulations on window and door design: The door system plays an important role in ensuring ventilation and utilizing natural light. To optimize this purpose, windows should be designed at a height of 2.4m or less from the floor and ensure they open and close well. All door systems need to be installed in sturdy fixed frames to withstand wind and storms.
5. Construction regulations in industrial parks
Applying for a construction permit in an industrial park on land owned by the enterprise is a mandatory procedure. This regulation aims to help state agencies manage construction according to planning and ensure the natural landscape and environment. Therefore, when building a factory in an industrial park, a permit is required. This is the legal document proving the legality of the construction project and limiting future disputes.
The permit application process must be carried out fully and sequentially according to the steps. Specifically:
- Step 1: Prepare a complete application according to regulations.
- Step 2: Submit the application at the receiving and result-returning department of the Commune or Ward People's Committee.
- Step 3: The City Urban Management Department receives the application, conducts verification, and submits it to the City People's Committee for permit issuance.
- Step 4: Organizations and individuals receive the permit at the receiving and result-returning department of the City People's Committee. The time for appraisal and receiving the permit is from 10 to 15 working days.
The set of documents that an enterprise needs to prepare to apply for factory construction in an industrial park is quite complex and involves many types of papers. However, if customers choose reputable and experienced factory construction units, they will be supported in the permit application process. At the same time, the unit is always enthusiastic about consulting and answering all questions about factory construction regulations. This helps enterprises complete procedures quickly and ensures the factory project is effective and complies with the law.
One of the leading reputable factory construction units today is Hai Long Construction JSC. With 25 years of construction and development, Hai Long Construction always meets all customer requirements and ensures compliance with all regulations on factory construction. Furthermore, thanks to a team of skilled, experienced, and highly qualified technicians, Hai Long Construction is proud to provide effective design and construction solutions for factory buildings with optimal operation.
To answer all questions and provide specific advice on regulations for factory building construction, please contact Hai Long Construction for dedicated consultation.
- HAI LONG CONSTRUCTION JSC – MEMBER OF TAIYO GROUP
- Address: Taiyo Building, 97 Bach Dang, Ha Ly Ward, Hong Bang District, Hai Phong City, Vietnam.
- Hotline: 084 6625 888
- Email: info@hailongjsc.vn
