The Government has issued Decree No. 140/2025/ND-CP regulating the division of authority between local authorities at the provincial and commune levels in a number of areas under the state management of the Ministry of Construction.
This Decree stipulates the division of tasks and powers of local governments according to the model of organizing local governments at 2 levels in the field of state management of the Ministry of Construction; the order and procedures for performing tasks and powers of local governments at the provincial and commune levels are determined according to the provisions of this Decree.
In particular, the Decree clearly stipulates the division of authority when organizing local governments at 2 levels in the fields of construction activities; housing and real estate business; architecture, urban development, technical infrastructure; and transportation.
According to the Decree, the authority to grant construction permits as prescribed in Clause 2 and Clause 3, Article 103 of the 2014 Construction Law (amended and supplemented in 2020) is implemented by the People's Committees at the commune level.
The authority to approve construction locations as prescribed in Clause 9, Article 53 of Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government detailing a number of articles and measures to implement the Construction Law on construction management is implemented by the People's Committees at the commune level.
The order, procedures and contents related to construction permits and construction site approval are implemented in accordance with the provisions of the 2014 Construction Law (amended and supplemented in 2020) and Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government.
This Decree takes effect from July 1, 2025 to March 1, 2027. During the period of effective provisions of this Decree, if the provisions on authority, responsibility for state management, order and procedures in this Decree are different from relevant legal documents, they shall comply with the provisions of this Decree.
In case the local specialized construction agency is authorized and decentralized and does not meet the requirements to perform its tasks, when receiving the investor's request, the authorized and decentralized agency shall guide the investor to submit documents to the specialized construction agency before the effective date of this Decree for continued implementation.
