Pursuant to Clause 1, Article 89 of the 2014 Construction Law amended by Clause 30, Article 1 of the 2020 amended Construction Law, the general provisions on granting construction permits are as follows:
Article 89. General regulations on granting construction permits
1. Construction works must have a construction permit issued by a competent state agency to the investor in accordance with the provisions of this Law, except for the cases specified in Clause 2 of this Article.
2. Cases exempted from construction permits include:
a) State secret works; emergency construction works;
b) Construction works under a project using public investment capital decided by the Prime Minister, heads of central agencies of political organizations, the Supreme People's Procuracy, the Supreme People's Court, the State Audit, the Office of the President, the Office of the National Assembly, ministries, ministerial-level agencies, agencies under the Government, central agencies of the Vietnam Fatherland Front and of socio-political organizations, Chairmen of People's Committees at all levels to invest in construction;
c) Temporary construction works as prescribed in Article 131 of this Law;
d) Repair and renovation works inside works or works for repair and renovation of the exterior not adjacent to urban roads with requirements for architectural management according to regulations of competent state agencies; the repair and renovation content does not change the usable function, does not affect the safety of the load-bearing structure of the works, is in accordance with the planning according to the law on urban and rural planning approved by competent state agencies, requirements for fire prevention, fighting, explosion and environmental protection;
d) Advertising works not subject to construction permits according to the provisions of the law on advertising; passive telecommunications technical infrastructure works according to Government regulations;
e) Construction works located in two or more provincial administrative units, construction works along non-urban routes in accordance with the planning according to the law on urban and rural planning or planning with technical and specialized characteristics approved by competent state agencies;
g) Construction works that have been notified by a specialized construction agency of the results of the appraisal of construction design implemented after the basic design is eligible for approval of construction design and meets the conditions for granting a construction permit according to the provisions of this Law;
h) Construction works under construction investment projects that have been appraised by a specialized construction agency. The feasibility study report on construction investment in areas with detailed planning at a scale of 1/500 or urban design approved by a competent authority;
i) Grade IV construction works, individual houses in rural areas with a scale of less than 7 floors and located in areas without urban planning, functional area planning or detailed construction area planning determined in district general planning, commune general planning approved by competent state agencies; Grade IV construction works, individual houses in mountainous areas, islands in areas without urban planning, functional area construction planning; except for works and individual houses built in conservation areas, historical - cultural relic sites;
k) The investor of the construction of works specified in Points b, e, g, h, i and i1 of this Clause, except for individual houses specified in Point i of this Clause, is responsible for sending a notice of the time of construction and construction design documents according to regulations to the local state management agency for construction management;
The sea works belonging to the offshore wind power project have been assigned by competent authorities to the sea area to implement the project.
According to the above regulations, houses with an area of less than 30m2 can still be granted a construction permit by a competent authority under the 2014 Construction Law (amended and supplemented in 2020), except for cases exempted from the permit as prescribed in Clause 2, Article 89 of the 2014 Construction Law.
However, the construction of a house under 30m2 must ensure other conditions as prescribed by law, such as: in accordance with the planning, minimum area of the land plot, technical infrastructure system and safety and environmental requirements.
