The Ho Chi Minh City Department of Construction has just sent a document to the Ho Chi Minh City People's Committee regarding the implementation of the authority to issue a Construction License and manage construction order after the arrangement of administrative units and deploying a 2-level local government organization model.
According to the Department of Construction, the construction permit issuance in Ho Chi Minh City is currently being implemented according to the 2014 Construction Law (amended and supplemented in Law No. 62/2020/QH14) and Decree No. 175/2024/ND-CP of the Government.
The People's Committee at the provincial level (HCMC) shall grant construction permits or decentralize and authorize licensing for works such as: individual houses from level II and above; works under construction investment projects with only level III and IV works located in areas with two or more district-level administrative units; works in industrial parks, export processing zones, high-tech zones, and economic zones.
The People's Committee at the district level grants licenses for individual houses and level III and IV works in the area under its management.
The People's Committee at the commune level does not have the authority to grant a construction permit according to current regulations.
On April 7, 2025, the Government issued Resolution No. 74/NQ-CP on the plan to implement the arrangement of administrative units and build a two-level local government model.
However, while waiting for the Government to issue a new decree regulating the authority between levels of government according to the two-level model, the Ho Chi Minh City Department of Construction recommends that the Ho Chi Minh City People's Committee soon issue an official dispatch to temporarily direct the issuance of Construction Permits and management of construction order in the city.
The People's Committee at the commune level will be allowed to grant a Construction Permit for individual houses (except for level II works or higher), level III and IV works that are not subject to appraisal of the Feasibility Study Report at a professional agency, in the area under its management.
The Department of Construction grants licenses for works of level II or higher; works of level III and IV under construction investment projects in the area from two or more commune-level administrative units; works subject to appraisal of the Feasibility Study Report (except for works in industrial parks, export processing zones, high-tech zones, economic zones).
The Management Board of Export Processing Zones, Industrial Parks and High-Tech Parks continues to issue construction permits for works under its management.
In parallel with the licensing work, the Department of Construction proposed that relevant agencies continue to strictly implement the Regulations on coordination in managing construction order in Ho Chi Minh City.
Absolutely do not let the situation of shirking responsibility between agencies and units occur; do not let loose, lack responsibility or delay in handling violations of construction order; do not let "spaces" in management work from now until the completion of the merger and arrangement of administrative units.
The application period of this proposal will be extended until the competent authority issues an official document regulating the division of authority in the two-level local government organization model.
