On the Ministry of Construction's Information Portal, reader H.D wondered: "I am preparing to build a house, but when it came to applying for a construction permit, the People's Committee of Dong Kinh ward (Lang Son) replied that a temporary construction permit could only be issued because the land does not have a 1/500 detailed plan. However, according to my understanding of the Construction Law, if it is not in the plan, a construction permit can be issued as usual. My residential land is currently not entangled in the plan. So is my case subject to a temporary construction permit?
Answering this question, after research, the Department of Economics - Construction Investment Management (Ministry of Construction) has the following opinion:
According to the provisions of Clause 2, Article 93 of the 2014 Construction Law (amended and supplemented at Point i, Clause 1, Article 57 of the 2024 Law on Urban and Rural Planning):
“2. For detached houses in urban areas, they must meet the conditions specified in Clause 1 of this Article and be consistent with detailed planning according to the law on urban and rural areas; for detached houses in areas and streets in urban areas that have stabilized, they must be consistent with detailed planning according to the law on urban and rural areas or separate urban design or architectural management regulations issued by competent State agencies.
According to the provisions of point a, clause 1, Article 94 of the 2014 Construction Law (amended and supplemented according to the provisions of clause 33, Article 1 of Law No. 62/2020/2014, point k, clause 1, Article 57 of the 2024 Urban and Rural Planning Law), the general conditions for issuing construction permits are as follows:
Belonging to areas with planning according to the law on urban and rural planning that have been approved and announced by competent state agencies but have not been implemented and have not had land recovery decisions from competent state agencies". At the same time, point b, clause 1 stipulates "Suppose the scale of works prescribed by the Provincial People's Committee for each area and the duration of existence of works according to the plan to implement construction sub-area planning, functional area construction sub-area planning or detailed plan, detailed functional area construction plan approved by competent state agencies;"
Therefore, in case the land of your citizen does not belong to the area specified in point a, clause 1, Article 94 of the 2014 Construction Law mentioned above, it does not fall into the case of issuing a term construction permit but is implemented according to Article 93 of the 2014 Construction Law (amended and supplemented in the 2024 Urban and Rural Planning Law).
