Pursuant to Clause 2, Article 94 of the 2014 Construction Law amended by Clause 33, Article 1 of the 2020 amended Construction Law and Clause 1, Article 57 of the 2024 Law on Urban and Rural Planning effective from July 1, 2025, the conditions for individual houses to be granted a construction permit for a period of time are as follows:
Article 94. Conditions for granting a construction permit with a term
1. General conditions for granting a construction permit with a term include:
a) Belonging to an area with a planning according to the law on urban and rural planning approved and announced by a competent state agency but not yet implemented and there is no decision to reclaim land from a competent state agency;
b) In accordance with the scale and duration of the project prescribed by the Provincial People's Committee for each area according to the requirements of management and development and in accordance with the planning period;
c) In accordance with the land use purpose determined in the land registration documents of the person applying for a construction permit with a term;
d) When the duration of the construction work stated in the construction permit expires and the competent state agency decides to reclaim the land, the investor commits to self-dismantle the work. If the construction is not self-dismantled, it will be forced and bear all costs for demolition. In case the planning according to the law on urban and rural planning has not been implemented after this deadline, the investor can continue to use the project until the competent state agency has a decision to reclaim the land. The support for demolition is implemented in accordance with the provisions of the law on land.
3. For individual housing, it must meet the conditions specified in Clause 1 of this Article and meet the conditions specified in Clause 1, Article 93 of this Law.
Thus, the conditions for individual houses to be granted a construction permit with a term stipulated in Clause 1, Article 94 of the 2014 Construction Law and Clause 1, Article 93 of the 2014 Construction Law amended by Clause 32, Article 1 of the 2020 amended Construction Law are as follows:
- Belonging to an area with a planning according to the law on urban and rural planning approved and announced by a competent state agency but not yet implemented and there is no decision to reclaim land from a competent state agency;
- In accordance with the scale and duration of the project as prescribed by the Provincial People's Committee for each area according to the requirements of management and development and in accordance with the planning period;
- In accordance with the land use purpose determined in the legal documents on land of the person applying for a construction permit with a term;
- When the duration of the project stated in the construction permit expires and the competent state agency decides to reclaim the land, the investor commits to self-dismantling the project. If the project is not self-dismantled, it will be forced and bear all costs for demolition. In case the planning according to the law on urban and rural planning has not been implemented after this deadline, the investor can continue to use the project until the competent state agency has a decision to reclaim the land. The support for demolition is implemented in accordance with the provisions of the law on land.
- In accordance with the purpose of land use according to the provisions of the law on land and the regulations on architectural management issued by competent state agencies
- Ensure safety for neighboring works and works and requirements for environmental protection, fire prevention and fighting; ensure safety of technical infrastructure, corridors to protect irrigation works, dykes, energy, transportation, cultural heritage areas, historical - cultural relics; ensure safe distance from flammable, explosive, toxic works and important works related to national defense and security;
- The design of individual housing construction is implemented according to the provisions of Clause 7, Article 79 of the 2014 Construction Law;
- Application for a construction permit according to the provisions of Clause 1, Article 95, Article 96 and Article 97 of the 2014 Construction Law.
