Ms. H.T. K. P in Ho Chi Minh City reflected that her house is located in a part of the road project, the remaining area is 24.9 m2. She wants to apply to build the remaining area after site clearance and handover to the project.
Because the remaining area is small, Ms. Phuong's family wants to build 1 ground floor and 1 floor to be enough for family living expenses.
She asked, is her family exempt from construction permits according to the regulations of the Ministry of Construction?
The Ministry of Construction answers this question as follows:
Contents regulating cases of construction permit exemption according to the provisions of Clause 2, Article 43 of the 2025 Construction Law (the content of this clause takes effect from January 1, 2026):
Before starting construction of the project, the investor must have a construction permit except in the following cases:
Secret state works; urgent and emergency construction works; works under special public investment projects; works under investment projects under special investment procedures; temporary construction works as prescribed in this Law; construction works in land areas used for national defense and security purposes as prescribed by land law.
Projects under public investment projects are decided to be invested in and built by the Prime Minister, heads of central agencies of political organizations, the Supreme People's Procuracy, the Supreme People's Court, the State Audit Office, the Presidential Office, the National Assembly Office, Ministries, ministerial-level agencies, government-attached agencies, central agencies of the Vietnam Fatherland Front and socio-political organizations, and Chairmen of People's Committees at all levels.
Construction works built along routes in areas from two or more provincial-level administrative units; construction works built along routes outside areas oriented for urban development, determined according to urban and rural planning or sectoral detailed planning approved by competent state agencies or approved by competent agencies for route plans.
Sea works belonging to offshore construction investment projects that have been assigned sea areas by competent authorities to implement the project; airports, works at airports, works ensuring flight operations outside airports.
Advertising works that are not subject to construction permits according to the provisions of the law on advertising; passive telecommunications technical infrastructure works.
Construction works under construction investment projects have been appraised by specialized construction agencies for the Feasibility Study Report, adjusted Feasibility Study Report and have been approved according to regulations.
Level IV construction works, individual houses with a scale of less than 07 floors with a total floor area of less than 500 m2 and not belonging to one of the following areas: Functional area, urban development area identified in the general plan of the city; functional area, rural residential area, urban development area identified in the general plan of urban areas under provinces, under cities, general plan of economic zones, national tourist areas; construction area identified in the general plan of communes; area that has architectural management regulations.
Repair and renovation works inside works or exterior repair and renovation works not adjacent to roads in urban areas that require architectural management according to regulations of competent state agencies; the content of repair and renovation does not change the purpose and function of use, does not affect the safety of the load-bearing structure of the works, ensures fire prevention and fighting requirements, environmental protection, and the ability to connect technical infrastructure.
The Ministry of Construction requests Ms. P to study and apply it, and if necessary, contact the competent authority issuing the construction permit in the locality for specific guidance.
