The Government has issued Decree 217/2026/ND-CP (effective July 1, 2026) detailing a number of articles of the 2025 Construction Law on construction activity management. In which, Article 52 of this Decree specifically stipulates the conditions for issuing construction permits for a limited term. Specifically:
1. General conditions for issuing a term construction permit include:
a) Belonging to areas planned according to the law on urban and rural planning or sectoral planning or sectoral detailed planning approved and announced by competent state agencies but not yet implemented and without land recovery decisions from competent state agencies;
b) Suitable to the scale and duration of existence of the project as prescribed by the Provincial People's Committee for each area or approved for specific projects according to management and development requirements and in accordance with the planning term;
c) Suitable to the land use purpose specified in the legal land documents of the investor requesting a term construction permit as prescribed in Article 55 of this Decree;
d) When the validity period of the project recorded in the term construction permit expires and the competent authority has a decision to recover land, the investor commits to self-demolish the project, if not self-demolishing, it will be coerced and bear all costs for demolition. In case the plan has not been implemented after this period, the investor is allowed to continue using the project until the competent authority has a decision to recover land. Compensation, support, and resettlement when recovering land and demolishing the project are carried out in accordance with the provisions of land law.
2. Construction works licensed for a term must meet the conditions specified in Clause 1 of this Article and the provisions in Clauses 3 and 4 of Article 50 of this Decree.
3. For construction works that are granted a term construction permit, when the validity period of the works stated in the construction permit expires but the plan has not been implemented, the agency that issued the construction permit is responsible for notifying the extension of the validity period of the works. In case the investor continues to have a need to build new or repair or renovate, a term construction permit shall be granted.
4. For construction works falling under the cases specified in Clause 1 of this Article and having a commune-level land use plan, a term construction permit is not issued for new construction but only a term construction permit is issued for repair and renovation.
In case after 2 consecutive years from the date the commune-level land use plan is approved, the competent authority has not issued a decision to recover land or has not allowed the change of land use purpose according to the announced commune-level land use plan without adjusting, canceling or having adjusted, canceled but not announcing the adjustment or cancellation of the commune-level land use plan, the land user is entitled to request a term construction permit according to the provisions of Clauses 2 and 3 of this Article. In case the competent state agency has a land recovery decision when the term of existence of works recorded in the term construction permit that has been issued has not expired, compensation, site clearance, and land recovery shall be carried out in accordance with the provisions of land law.
5. Provincial People's Committees issue specific regulations on the scale and height of new construction works and works requesting repair and renovation permits; the validity period of works to serve as a basis for issuing temporary construction permits.
6. Dossier requesting a term construction permit according to the provisions of Article 62 of this Decree.
