Based on Articles 43 to 46 of the 2025 Construction Law (effective July 1, 2026) stipulating new points related to construction permit issuance as follows:
(1) Construction permit classification
- New construction permit;
- Permit to repair, renovate, and relocate works;
- Construction permit with a term.
(2) 8 cases exempted from construction permits
- State secret works; urgent and emergency construction works; works under special public investment projects; works under investment projects under special investment procedures; temporary construction works according to the provisions of the 2025 Construction Law; construction works in land areas used for national defense and security purposes according to the provisions of 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 under offshore construction investment projects that have been assigned sea areas by competent authorities for project implementation; 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 that 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 7 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.
(3) Construction commencement notice
- Before starting construction, the investor of the project specified in points a, b, c, d, đ, e, g and h, clause 2, Article 43 of the 2025 Construction Law must send the construction commencement notice to the competent state management agency for construction in the locality where the project is built according to the decentralization of the Provincial People's Committee for management. Specifically:
+ Sending a construction commencement notice for the works specified in points b and c, clause 2, Article 43 of the 2025 Construction Law;
+ Send a construction commencement notice attached to the dossier corresponding to the dossier requesting a construction permit according to regulations (excluding the Application for a Construction Permit) for the works specified in points a, d, đ, e, g and h, clause 2, Article 43 of the 2025 Construction Law.
except for state secret works, urgent and emergency construction works, temporary construction works specified in point a, clause 2, Article 43 of the 2025 Construction Law, and individual houses of households and individuals.
(4) Conditions for construction permits
- Suitable for land use purposes according to the provisions of land law;
- Suitable for urban and rural planning or separate urban design according to the law on urban and rural planning or architectural management regulations according to the law on architecture or other sectoral detailed planning according to the provisions of the law on planning, except for the case of issuing a term construction permit;
- Construction design to ensure safety for works and adjacent works; fully implement regulations on environmental protection, fire prevention and fighting; ensure the ability to connect technical infrastructure.
- A term construction permit is issued for works in areas planned according to the law on urban and rural planning or other sectoral detailed plans approved and announced by competent state agencies but not yet implemented and without a land recovery decision from a competent state agency.
- The Government shall specify the conditions, authority, dossiers, order, procedures for issuing, adjusting, extending, re-issuing, revoking, canceling and publicizing construction permits.
Clauses 2, 3, Article 43, Article 71 and Clauses 3, 4, 5, Article 95 of the 2025 Construction Law take effect from January 1, 2026.
