On the Ministry of Construction's Information Portal, reader N.M.T wondered:
Clause 2, Article 43 of the 2025 Construction Law, effective from January 1, 2026, stipulates:
2. Before starting construction of the project, the investor must have a construction permit, except for the following cases:
g) Construction works of level IV, individual houses with a scale of less than 7 floors with a total floor area of less than 500 m2 and not belonging to one of the following areas: functional areas, urban development areas identified in the general plan of the city; functional areas, rural residential areas, urban development areas identified in the general plan of urban areas under provinces, under cities, general plan of economic zones, national tourist areas; construction areas identified in the general plan of communes; areas that have architectural management regulations.
Thus, the construction area identified in the commune's general plan falls under the case of having to be granted a construction permit.
Meanwhile, the conditions for issuing construction permits for detached houses are specified in Article 93 of the 2014 Construction Law amended and supplemented in Clause 32, Article 1 of Law No. 62/2020/QH14, point d, Clause 1, Article 57 of the 2024 Law on Urban and Rural Planning stipulates: "For detached houses in rural areas, construction must be in accordance with detailed planning according to the law on urban and rural planning".
I want to ask, how is the issuance of construction permits for detached houses in locations within the construction area identified in the commune's general plan but without the detailed plan mentioned above implemented?
After research, the Department of Economics - Construction Investment Management (Ministry of Construction) has the following opinions:
Cases of individual houses in construction areas identified in the commune's general plan are not eligible for exemption from construction permits as prescribed in point g, clause 2, Article 43 of the 2025 Construction Law.
It is requested that you contact the competent authority for issuing construction permits in your locality for guidance on construction permit procedures according to the provisions of Clause 2, Article 45 of this law.
