The new Construction Law will basically take effect from July 1, 2026. However, according to information from the Ministry of Construction, some cases of exemption from construction permits take effect early from January 1, 2026.
Mr. Bui Van Duong, Deputy Director of the Economic - Construction Investment Management Department, Ministry of Construction, said that one of the notable points in the new Construction Law is the regulation that takes effect early from January 1, 2026.
These cases include: Regulations on cases exempted from construction permits and transitional handling in Clause 2, Clause 3, Article 43 and Clauses 3, 4, 5, Article 95; regulations on special public investment projects in Article 71 of this Law.
Comparing the provisions of the Construction Law, the typical cases exempted from construction permits from January 1, 2026 are as follows:
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 areas, urban development areas identified in the general plan of the city; functional areas, rural residential areas, urban development areas identified in the general plan of urban areas under provinces, under cities, general plan of economic zones, national tourist areas; construction areas identified in the general plan of communes; areas that have 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.
Construction works that have been granted construction permits according to the provisions of Construction Law No. 50/2014/QH13 are eligible for exemption from construction permits according to the provisions of this Law and have adjusted construction designs are not required to adjust construction permits.
Construction works subject to exemption from construction permits according to the provisions of Construction Law No. 50/2014/QH13 and eligible to start construction before January 1, 2026, are continuously exempt from construction permits according to regulations.
Construction works that have been notified by specialized construction agencies of the results of construction design appraisal deployed after basic design meeting the conditions for approving construction design and meeting the conditions for issuing construction permits according to the provisions of Construction Law No. 50/2014/QH13 are exempt from construction permits.
Works under projects that have been granted construction permits before January 1, 2026, have been appraised by specialized construction agencies for adjusted feasibility study reports and have been approved according to regulations, are not required to adjust construction permits. Works under projects that have been appraised by specialized construction agencies for adjusted feasibility study reports according to the provisions of Construction Law No. 50/2014/QH13 and have been approved according to regulations are exempt from construction permits.
