The Government issued Decree No. 217/2026/ND-CP dated June 19, 2026 detailing a number of articles of the Construction Law on construction activity management; which clearly stipulates the conditions for issuing construction permits. This Decree takes effect from July 1, 2026.
The Decree stipulates that the issuance of construction permits must comply with regulations on conditions for issuing construction permits according to the provisions of Clause 1, Article 44 of the 2025 Construction Law, some contents are specified as follows:
1. Suitable to the purpose of land use according to the provisions of land law determined in legal land documents as prescribed in Article 55 of this Decree.
2. The construction design in the dossier requesting a construction permit must be consistent with the contents specified in point b, clause 1, Article 44 of the 2025 Construction Law, specifically:
a) Works under construction investment projects: in accordance with one of the corresponding types of planning as prescribed in Clause 1, Article 26 of this Decree;
b) Individual houses of households and individuals must be consistent with one of the corresponding types of planning as prescribed in points g, h and i, clause 1, Article 26 of this Decree;
c) Works directly serving agricultural production in accordance with the regulations of the Provincial People's Committee according to the provisions of Clause 3, Article 178 of the 2024 Land Law.
3. Ensure safety of load-bearing structures for works and adjacent works and requirements for environmental protection, fire prevention and fighting; ensure safety of technical infrastructure, protection corridors for irrigation works, dykes, energy, transportation, historical and cultural relics, scenic spots, world heritage sites, cultural landscapes of relics, related cultural spaces; ensure safe distance to flammable, explosive, toxic works and important works related to national defense and security. Comply with regulations on conditions for issuing construction permits according to the provisions of the law on cultural heritage for cultural works.
Construction works that greatly affect safety, community interests or projects with large-scale, complex technical works must be appraised for construction design in terms of construction safety content, compliance with technical regulations, applicable standards and other contents according to the construction contract agreement. Works subject to fire prevention and fighting design appraisal according to the provisions of law on fire prevention, fighting and rescue must be appraised for construction design to ensure fire prevention and fighting design requirements according to the provisions of law on fire prevention, fighting and rescue.
4. Construction design works have been prepared, appraised and approved according to the provisions of the 2025 Construction Law and this Decree. The design and construction of individual houses for households and individuals shall be carried out according to the provisions of the Decree on construction quality management.
5. Dossier requesting a construction permit suitable for each type of project according to the provisions of Article 57 of this Decree.
