In September 2025, the Ministry of Construction issued Document No. 9516/BXD-KTQLXD on the tasks and authority of the construction permit.
According to the Ministry of Construction, on June 12, 2025, the Government issued Decree No. 140/2025/ND-CP regulating the determination of the authority of local authorities at both levels in the field of state management of the Ministry of Construction (effective from July 1, 2025).
Clause 1, Article 4 of the Decree stipulates that "the authority to grant construction permits as prescribed in Clause 2, Clause 3, Article 103 of the 2014 Construction Law (amended and supplemented in 2020) shall be implemented by the People's Committees at the commune level".
Recently, a number of construction departments have submitted opinions to the Ministry of Construction on guidance on the authority to grant construction permits after Decree 140/2025/ND-CP takes effect.
To ensure management activities on granting construction permits in accordance with regulations, the Ministry of Construction recommends that People's Committees of provinces and cities study and organize specific implementation as follows:
In the Submission No. 48/TTr-BXD dated June 6, 2025 on the promulgation of a Decree regulating the division of authority of local authorities at 2 levels in the field of state management of the Ministry of Construction, it is stated that "The issuance of the Decree aims to ensure a legal basis for normal, continuous and smooth operation of agencies; not to interrupt work, not to overlap, overlap or miss functions, tasks, fields and areas; not to affect the normal operations of society, people and businesses when implementing the two-level local government; accordingly, the Decree clearly defines the tasks under the authority of the district level that are being implemented will be transferred to the commune level or upgraded to the provincial level".
Clause 2, Article 2 of Decree No. 140/2025/ND-CP stipulates: "In addition to general principles, the determination of authority in the field of state management of the Ministry of Construction must ensure the transfer of tasks and powers of People's Councils, People's Committees, Chairmen of District People's Committees in specialized laws, regulations, resolutions, decrees, and circulars on local government at the commune level; some tasks are transferred to provincial-level local authorities in accordance with the authority and capacity of the provincial level, tasks of inter-commune and inter-sectoral nature and have high technical expertise that the capacity of the commune level has not met".
Thus, Decree No. 140/2025/ND-CP only stipulates that the tasks under the authority of the district level that are being implemented will be transferred to the commune level or upgraded to the provincial level.
Therefore, based on the provisions of Clause 2, Clause 3, Article 103 of the Construction Law and the principles, stipulated in Clause 2, Article 2, Clause 1, Article 4 of Decree No. 140/2025/ND-CP, the authority to grant a construction permit is determined as follows:
The People's Committee at the provincial level grants a construction permit for works subject to the requirement to be granted a construction permit in the province, except for works under the authority of the construction permit issuance (according to the provisions of Clause 1, Article 4 of Decree No. 140/2025/ND-CP) of the People's Committee at the commune level.
The provincial People's Committee decentralizes and authorizes the construction department, the management board of industrial parks, export processing zones, high-tech zones, economic zones, and the commune-level People's Committee to issue construction permits under the functions and management of this agency.
