On the Government Portal, a citizen in Ho Chi Minh City wondered:
Mr. T.C has a land plot according to the land use plan issued in 2025 that belongs to the residential land type, according to the zoning plan from 2013 (which has expired), it belongs to the land type of newly built housing groups in mixed-use land areas.
Currently, the commune is waiting for the City to announce a detailed sub-area plan to replace the 2013 construction plan that has expired. Mr. C asked, during this time, can you build a house to live in?
The Ministry of Construction answers this question as follows:
According to the provisions of section 1.4.9 of the National Technical Regulation on Construction Planning QCVN 01:2021/BXD, the housing group is a complex of housing works with common public spaces (flower gardens, playgrounds, parking lots serving the housing group and internal roads excluding zoning roads...).
Clause 21 Article 2 of the 2024 Law on Urban and Rural Planning amended and supplemented in Law No. 144/2025/QH15 stipulates:
The validity period of urban and rural planning is the period calculated from the time the plan is approved to the end of the planning period or the plan is comprehensively adjusted or expires according to the provisions of this Law".
Clause 3, Article 54 of the 2023 Housing Law stipulates:
3. Individuals are only allowed to build houses on residential land area under their land use rights, allocated by the State, including cases of land allocation due to land compensation, land due to receiving transfer of land use rights or leasing, borrowing from other organizations and individuals.
Clause 1, Article 5 of the 2025 Construction Law stipulates the basic principle in construction activities is "Ensure construction according to planning, design, landscape protection, environment;...".
Based on the above regulations, Mr. C needs to contact the state management agency in the locality to determine the urban and rural planning that is still valid and is being used to implement investment management, construction, urban and rural development in the area.
Housing construction needs to ensure compliance with urban and rural planning being organized for management and implementation in localities; in accordance with legal regulations on housing and construction.
