Are houses with detailed planning exempt from construction permits

Như hạ (T/H) |

The Construction Law and related documents clearly stipulate many cases of exemption from construction permits.

Pursuant to Clause 2, Article 89 of the 2014 Construction Law (amended and supplemented by the 2020 amended Construction Law, Point b, Clause 1, Article 79 of the Electricity Law 2024, Point b, Clause 1, Article 57 of the 2024 Law on Urban and Rural Planning and Point c, Clause 1, Article 56 of the 2025 Railway Law), the cases exempted from construction permits include:

(1) State secret works; emergency construction works;

(2) The project under the project using public investment capital is decided by the Prime Minister, the head of the central agency of the political organization, the Supreme People's Procuracy, the Supreme People's Court, the State Audit, the Office of the President, the Office of the National Assembly, ministries, ministerial-level agencies, agencies under the Government, central agencies of the Vietnam Fatherland Front and of socio-political organizations, Chairmen of People's Committees at all levels to invest in construction;

(3) Temporary construction works as prescribed in Article 131 of the 2014 Construction Law;

(4) Repair and renovation works inside works or works for repair and renovation of the exterior not adjacent to urban roads with requirements for architectural management according to regulations of competent state agencies; the repair and renovation content does not change the usable function, does not affect the safety of the load-bearing structure of the works, in accordance with the planning according to the law on urban and rural planning approved by competent state agencies, requirements for fire prevention, fighting, explosion and environmental protection;

(5) Advertising works not subject to construction permits according to the provisions of the law on advertising; passive telecommunications technical infrastructure works according to Government regulations;

(6) Construction works located in two or more provincial-level administrative units, construction works along non-urban routes in accordance with the planning according to the law on urban and rural planning or planning with technical and specialized characteristics approved by competent state agencies;

(7) The construction work has been notified by the specialized construction agency of the results of the appraisal of the construction design implemented after the basic design is eligible for approval of the construction design and meets the conditions for granting a construction permit according to the provisions of the 2014 Construction Law;

8. The project under the construction investment project has been appraised by a specialized construction agency. The feasibility study report on construction investment in an area with a detailed planning at a scale of 1/500 or urban design approved by a competent authority;

- Construction works of level IV, individual houses in rural areas with a scale of less than 07 floors and located in areas without urban planning, functional area planning or detailed construction area planning determined in district general planning, commune general planning approved by competent state agencies; construction works of level IV, individual houses in mountainous areas, islands in areas without urban planning, functional area construction planning; except for works and individual houses built in conservation areas, historical - cultural relic sites;

9.0 Sea works under offshore wind power projects that have been assigned by competent authorities to be in the sea area to implement the project;

(10) The investor of the construction of works specified in Points b, e, g, h, i and i1, Clause 2, Article 89 of the 2014 Construction Law, except for individual houses specified in Point i of this Clause, is responsible for sending a notice of the time of construction and construction design documents according to regulations to the local state management agency for construction for management.

According to Point h, Clause 2, Article 89 of the 2014 Construction Law, works under construction investment projects that have been appraised by a construction expert agency and feasibility study report in areas with detailed planning at a scale of 1/500 or approved urban designs will be exempted from construction permits.

Thus, individual houses in urban area projects or housing projects with a detailed 1/500 planning approved by a competent authority and have been appraised for a feasibility study report are eligible for exemption from a construction permit.

Như hạ (T/H)
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