On the Ministry of Construction's Information Portal, citizen T.T shared:
My family's land plot is urban residential land (ODT), which has been used stably since 2008. There is currently a house built and used for more than 10 years on the land. However, the house is now seriously degraded (no longer capable of repairing), posing a risk of unsafety for family members. Meanwhile, my family has young children of school age, and needs more suitable living space to stabilize their lives.
According to information from the locality, my family's land has been planned as urban residential land. However, when contacting the ward land administration to carry out procedures for issuing a Certificate of Land Use Rights, I was informed that it is still necessary to wait for the province's approval before proceeding with the issuance of the land use right certificate.
The current housing situation is too degraded, my family cannot continue to wait because of the urgent need for housing as well as the requirement to ensure safety, please guide me on the following contents: In case I have not been granted a Certificate of Land Use Rights for land areas that have been planned as urban residential land and my family has lived stably since 2008, am I allowed to build a new house? If allowed to build, what procedures should my family carry out? Which agency has the authority to resolve it, and what documents need to be prepared?
After research, the Department of Economics - Construction Investment Management (Ministry of Construction) has the following opinions:
(1) Legal land documents for issuing construction permits have been specified in Article 55 of Decree No. 217/2026/ND-CP dated June 19, 2026 of the Government detailing a number of articles of the Construction Law on management of construction activities (effective from July 1, 2026).
(2) Request you to study the provisions of law and legal documents on land for the land area to carry out the issuance of construction permits according to regulations. If necessary, citizens should contact the competent land authority in the locality for specific guidance.
