The Ho Chi Minh City People's Committee has just issued Decision 29/2025/QD-UBND on decentralization of the authority to issue construction permits; stipulating the scale and duration of construction works granted with a construction permit for a period of time in Ho Chi Minh City.
According to the decision, the Ho Chi Minh City People's Committee decentralizes the authority to issue specific construction permits as follows:
The People's Committees of communes, wards and special zones are granted construction permits for individual houses (except for individual houses from level II and above) and works in construction investment projects with only level III and level IV works located in two or more commune-level administrative units.
In case the project is located in many areas, the commune-level administrative unit occupying a larger construction area will carry out the licensing.
The Export Processing and Industrial Zones Management Board, the High-Tech Park Management Board, and the High-Tech Agricultural Zone Management Board have the authority to grant construction permits for works under their functions and within the assigned management boundaries.
The Ho Chi Minh City Department of Construction has issued construction permits for all remaining projects.
For projects with many works of different types and levels, the authority to grant licenses is determined according to the project with the highest level.
Decision 29/2025/QD-UBND also specifically stipulates the construction scale for works granted a construction permit for a period of time, depending on the planning status of the area.
In case the area has a zoning plan or a functional zoning plan, which has been approved and announced but has not been implemented and there is no decision to reclaim the land, a construction permit with a maximum scale of 3 floors will be granted. In case of repair and renovation (within time), the existing height will be recognized.
If building a basement, for newly built works (with a term), the maximum scale is 1 basement; for repair and renovation works (with a term) according to the number of existing basements recognized.
In case the area has a detailed plan or a detailed plan of the functional area that has been approved but has not been implemented and there is no decision to reclaim the land, the project can only be built with a maximum of 1 floor. If repaired or renovated, the existing number of floors and basements that have been recognized will remain the same.
The duration of the construction permit will be determined by the licensing authority, based on the time of implementation of the planning, but not exceeding 5 years.
In case the planning is adjusted and the implementation period is extended, the agency that issued the license is responsible for notifying the extension of the project's existence period. If the investor needs to rebuild or repair or renovate, it must carry out procedures to apply for a construction permit with a term according to the new regulations.
The recognition of ownership of works and assets on land is carried out in accordance with the law on land.
Notably, for individual houses and construction works in the above areas but with a commune-level land use plan, construction permits with a term for new construction will not be granted, but only considered for granting a permit for repair and renovation.
This decision takes effect from January 1, 2026.
