Citizen L.T. H. G reflected that Clause 1, Article 4 of Decree No. 140/2025/ND-CP has defined the authority for commune-level People's Committees to issue construction permits as stipulated in Clauses 2 and 3, Article 103 of the Construction Law. Accordingly, the authority of provincial-level People's Committees to issue construction permits is exercised by commune-level People's Committees.
According to citizen L.T. H. G, Official Dispatch No. 9600/BXD-KTQLXD dated September 8, 2025 of the Ministry of Construction guiding the authority to issue construction permits is not consistent with the provisions of Clause 1, Article 4 of Decree No. 140/2025/ND-CP.
Therefore, it is proposed that the Ministry provide guidance on the application of legal normative documents determining the authority to issue construction permits of provincial-level People's Committees in this case.
Regarding this question, the Ministry of Construction has the following opinions: Regarding the content of the Citizen's petition on the demarcation of authority when organizing 2-level government in the field of construction activities (tasks, authority on construction permits) according to the provisions of Clause 1, Article 4 of Decree No. 140/2025/ND-CP dated June 12, 2025 of the Government, the Ministry of Construction has Official Dispatch No. 9600/BXD-KTQLXD dated September 8, 2025 guiding the People's Committees of provinces and cities to implement.
Document No. 9600/BXD-KTQLXD states:
In Submission No. 48/TTr-BXD dated June 6, 2025 on the promulgation of a Decree stipulating the demarcation of the authority of local authorities at 02 levels in the field of state management of the Ministry of Construction, it is stated that "The promulgation of the Decree aims to ensure a legal basis for the normal, continuous, and smooth operation of agencies; not to interrupt work, not to overlap, duplicate or omit functions, tasks, fields, and areas; not to affect the normal activities of society, people, and businesses when implementing two-level local governments; accordingly, the Decree clearly defines the tasks under the authority of the district level that are being implemented that will be transferred to the commune level or to the provincial level".
Accordingly, stipulated in Clause 2, Article 2 of Decree No. 140/2025/ND-CP: "In addition to general principles, the demarcation of authority in the field of state management of the Ministry of Construction must ensure the transfer of tasks and powers of the people's councils, people's committees, and chairmen of district-level people's committees in specialized laws, ordinances, resolutions, decrees, and circulars on commune-level local authorities; some tasks transferred to provincial-level local authorities in accordance with the powers and capacity of the provincial level, tasks of inter-commune, inter-sectoral nature and with high technical expertise that the capacity of the commune level has not met.
Thus, Decree No. 140/2025/ND-CP only stipulates the clear division of tasks under the authority of the district level that are being implemented will be transferred to the commune level or to the provincial level for implementation.
Therefore, based on the provisions of Clause 2, Clause 3 Article 103 of the Construction Law and the provisions of Clause 2 Article 2, Clause 1 Article 4 of Decree No. 140/2025/ND-CP, the authority to issue construction permits is determined as follows:
Commune-level People's Committees issue construction permits for grade III, grade IV works and individual houses in their managed areas.
Provincial People's Committees issue construction permits for works subject to the requirement to issue construction permits in the province, except for works under the authority to issue construction permits of commune-level People's Committees.
The provincial-level People's Committee is decentralized and authorized to the construction department, the industrial park management board, export processing zone, high-tech zone, economic zone, and the commune-level People's Committee to issue construction permits under the functions and management scope of this agency.
Decentralization and authorization must comply with the provisions of the Law on Organization of Local Government No. 72/2025/QH15 and must ensure the necessary conditions to perform decentralized tasks and powers; in accordance with the capacity and ability to perform tasks and powers of agencies, organizations, units, and individuals authorized.
