On the Ministry of Construction's information portal, reader D. V. T reflected: I live in Tan Lien commune, Cao Loc district, former Lang Son province, now Tan Lien commune is merged into Ky Lua ward, Lang Son province.
After the merger, my house's land use right certificate is still rural land. Now I am building a house and have applied for a construction permit, but the Economic and Infrastructure Department of the ward replied to me that if we merge now, my current residence will not meet the 1/1000 condition of the residential planning and will not issue a permit to me.
If according to the Economic and Infrastructure Department's answer, the entire old Tan Lien commune is not eligible for a construction permit, is that correct?
My house's red book is still new rural land, re-issued in 2025, so is it necessary to apply for a construction permit?
After research, the Department of Economics - Construction Investment Management, Ministry of Construction has the following opinions:
The content of the citizen's request for guidance is not complete and clear about information, therefore, the Ministry of Construction guides citizens on the principles as follows:
Conditions for issuing construction permits for individual houses have been specifically stipulated in Clause 3, Article 93 of the 2014 Construction Law (amended and supplemented in the Architecture Law No. 40/2019/QH14 and the Law amending and supplementing a number of articles of the Construction Law No. 62/2020/QH14).
It is requested that citizens base on it to implement. In case they have all the conditions according to this regulation, citizens base on the provisions of point a, clause 1, Article 106 of the 2014 Construction Law to contact the competent authority for issuing construction permits to implement according to regulations.
