1. Must have a building permit before starting construction.
Clause 2, Article 107 of the 2014 Construction Law and Clause 39, Article 1 of the 2020 amended Construction Law stipulate that the commencement of construction work must ensure the following conditions:
(1) Have construction site to hand over in whole or in part according to construction progress.
(2) Have a construction permit for works not exempted from a construction permit.
(3) There is an approved construction drawing design of the project item and the project has been started.
(4) The investor has signed a contract with the contractor to carry out construction activities related to the project that has been started in accordance with the provisions of law.
(5) Have measures to ensure safety and protect the environment during construction.
(6) The investor has sent a notice of the construction commencement date to the local state construction management agency at least 3 working days before the construction commencement date.
Note: For individual houses (villas, townhouses, independent houses) that are not exempt from construction permits, a permit must be obtained before construction begins.
Thus, in principle, construction works and houses must have a construction permit before starting construction, except in cases where a construction permit is exempted. Failure to have a construction permit before starting construction is considered a violation and will be subject to administrative sanctions according to regulations.
2. Is a construction permit issued while under construction?
For construction works and individual houses that do not have a construction permit before starting construction, they will be subject to administrative penalties. In cases where the conditions for a construction permit are met, the permit will be granted if the investor prepares a complete application and submits the application within the prescribed time limit.
This content is clearly stipulated in Clause 1, Article 81 of Decree 16/2022/ND-CP: The competent person is responsible for drawing up a record of administrative violations and requesting the organization or individual committing the violation to stop construction. Within 90 days for construction investment projects and 30 days for individual houses from the date of issuance of the decision on administrative sanctions, the organization or individual committing the violation must complete the application file to request the competent authority to issue a construction permit.
Thus, even during construction, if the conditions for a construction permit are met, construction must be temporarily stopped and a construction permit must be issued (also known as legalization of construction works and houses built without a permit).
