Mr. NXTA in Hanoi reflected that many construction investment projects may be "examined" from the construction permit exemption because of the different understanding between "assessment of basic design" and "assessment of feasibility study report". From this reality, he proposed to amend the regulation.
According to Mr. T.A, Article 56 of the Railway Law stipulates the exemption of construction permits:
"The project under the construction investment project has been appraised by a specialized construction agency and the feasibility study report for construction investment in an area with a detailed planning at a scale of 1/500 or urban design approved by a competent authority".
The concept of "assessment of feasibility study reports" at the new construction expert agency was introduced from Decree No. 15/2021/ND-CP, formerly "assessment of basic designs" at the construction expert agency, so this content has left thousands of projects that have been assessed for basic designs before and have approved detailed plans but are not exempted from construction permits, although in essence, these two appraisal concepts are similar, only changing the name because the basic design is a component of the feasibility study report.
In addition, the content of construction exemption in the Railway Law leaves out many subjects approved for planning with a scale of less than 2 hectares (for projects with houses) and less than 5 hectares for other projects specified in Clause 4, Article 14 of Decree No. 37/2010/ND-CP and Clause 5, Article 10 of Decree No. 44/2015/ND-CP because according to the provisions of these two Decrees, the above-mentioned small-scale projects do not have detailed plans but only have preliminary master plans and architectural plans, which are a component of the basic design. Therefore, many localities do not issue decisions approving detailed planning but point out the document approving the 1/500 general planning or combine it with the document appraising the basic design. In essence, this is a project with a detailed plan approved according to State regulations.
Regarding the two above-mentioned shortcomings, Mr. T.A suggested that in the process of amending the Construction Law, it is necessary to amend, supplement or replace Point c, Clause 1, Article 56 of the Railway Law as follows:
" Amend and supplement Point h, Clause 2, Article 89 as follows:
"The project belongs to a construction investment project that has been appraised by a specialized construction agency for the Construction Feasibility Study Report or appraised the basic design in an area with a detailed planning at a scale of 1/500 or a master plan drawing or urban design approved and approved by a competent authority".
Mr. T.A suggested that the competent authority consider and adjust to resolve difficulties and problems for businesses.
The Ministry of Construction responds to this issue as follows:
The appraisal of the basic design of a construction professional agency is not an appraisal of the construction investment feasibility study report of a construction professional agency according to the provisions of Law No. 62/2020/QH14 amending and supplementing a number of articles of the Construction Law.
The regulations on detailed planning according to the shortened process (overall planning) are only stipulated in Clause 3, Article 1 of Decree No. 35/2023/ND-CP dated June 20, 2023 of the Government amending and supplementing a number of articles of Decrees in the field of state management of the Ministry of Construction, effective from June 20, 2023 and currently stipulated in Clause 2, Article 9 of Decree No. 178/2025/ND-CP dated July 1, 2025 of the Government detailing a number of articles of the Law on Urban and Rural Planning, effective from July 1, 2025.
The Ministry of Construction recommends that you study and ensure compliance with current legal regulations.
