1. Cases where houses must apply for a construction permit
Pursuant to Clause 30, Article 1 of the 2020 amended Construction Law, Point c, Clause 1, Article 57 of the 2024 Law on Urban Planning, Point c, Clause 1, Article 56 of the 2025 Railway Law, for individual houses, it is possible to include cases where a construction permit must be obtained before starting construction such as:
(1) Construction works under construction investment projects have not been appraised by a specialized construction agency. The feasibility study report on construction investment in areas with detailed planning at a scale of 1/500 or urban design has been approved by a competent authority.
(2) Individual houses in rural areas with a scale of less than 7 floors but located in areas with urban planning, functional area planning or detailed construction area planning determined in the general planning of districts and communes approved by competent state agencies.
(3) Individual houses in rural areas but built in conservation areas, historical - cultural relics.
(4) Individual housing in rural areas with a scale of 7 floors or more...
2. Procedures for applying for a house construction permit
Pursuant to Article 102, Clause 3, Article 103 of the 2014 Construction Law, Clause 1, Article 4 of Decree 140/2025/ND-CP (effective until March 1, 2027), the procedure for applying for a construction permit includes the following steps:
Step 1: Submit documents
The investor (household, individual) submits to the Public Administration Service Center or the Receiving and return of results of administrative procedure settlement of the People's Committee at the commune level.
Step 2: Receive documents
- The recipient is responsible for receiving and checking the documents.
- If the dossier is complete and in accordance with regulations, a receipt will be recorded and given to the submitter.
- If the documents are incomplete or incorrect, instruct the investor to complete the documents in accordance with regulations.
Step 3: Resolve requirements
Step 4: Return the result
Scope of settlement: According to Point b, Clause 36, Article 1 of the Law amending and supplementing the Law on Construction 2020, the time for considering and settling the issuance of a construction permit for individual houses is no more than 15 days from the date of receiving a complete and valid dossier as prescribed. In case the deadline is reached but further consideration is needed, the licensing agency must notify the investor in writing, but not more than 10 days from the expiration date.
According to Clause 1, Article 4 of Decree 140/2025/ND-CP (effective until March 1, 2027), the competent authority to issue a construction permit is the People's Committee at the commune level.
3. Fees for construction permit procedures
The license fee is regulated by the People's Councils of provinces and cities, so the collection rate between provinces and cities is different.
4. Penalties for not having a construction permit
Pursuant to Clause 7, Article 16 of Decree 16/2022/ND-CP, cases that require a permit but do not have a construction permit will be subject to administrative sanctions as follows:
- Fine from 60 - 80 million VND: Construction of individual houses;
- Fine from 80 - 100 million VND: Construction of individual houses in conservation areas, historical - cultural relics or other construction works;
- Fine from 120 - 140 million VND: Construction of works requiring a feasibility study report for construction investment or works requiring an economic - technical report for construction investment.
