What is a construction permit?
Pursuant to the provisions of Clauses 17 and 18 of the 2014 Construction Law, the phrase abolished by Point e, Clause 1, Article 57 of the Law on Urban and Rural Planning 2024 (effective from July 1, 2025) on the concept of construction permits is as follows:
The construction permit is a legal document issued by a competent State agency to the investor to build new, repair, renovate, and relocate works. In which, construction permits are divided into different types, typically:
- A construction permit with a term is a construction permit issued for the construction of works and individual houses used for a certain period of time according to the construction planning implementation plan.
- A construction permit by phase is a construction permit issued for each part of a project or each work of a project when the construction design of the project or the project has not been completed.
- And a few others.
Where to get a construction permit and which agency is competent to issue a construction permit?
Pursuant to the provisions of Article 103 of the 2014 Construction Law, amended by Clause 37, Article 1 of the 2020 amended Construction Law on the location of construction permit application and the authority to grant construction permits as follows:
- Provincial People's Committee: granting construction permits to works subject to the requirement for granting construction permits in the province, except for works specified in Clause 3, Article 103 of the 2014 Construction Law.
In addition, the Provincial People's Committee decentralizes and authorizes the Department of Construction, the Management Board of Industrial Parks, Export Processing Zones, High-Tech Parks, and Economic Zones, and the District People's Committee to issue construction permits under the functions and management of this agency.
- District People's Committee: grants construction permits for level III, level IV works and individual houses in the area under its management.
Accordingly, when an investor (including a household or individual) applies for a license to build individual houses (including villas, independent houses, and townhouses), the application for a license must state that the People's Committee at the district level where the house is planned to be built.
Note: The place to apply for a construction permit is the place to adjust, extend, reissue and revoke the construction permit issued by the person.
In case the competent authority issuing the construction permit does not revoke the construction permit issued in violation of regulations, the Provincial People's Committee will directly decide to revoke the construction permit.
