Is it necessary to apply for a construction permit to build a house in the commune's general plan?

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The Ministry of Construction's agency has just responded to citizens' questions about issuing construction permits for individual houses.

On the Ministry of Construction's Information Portal, reader A.T wondered:

According to Clause 2, Article 43 of the 2025 Construction Law, effective from January 1, 2026, it is stipulated: Before starting construction, the investor must have a construction permit except in the following cases:

g) Construction works of level IV, individual houses with a scale of less than 7 floors with a total floor area of less than 500m2 and not belonging to one of the following areas: functional areas, urban development areas identified in the general plan of the city; functional areas, rural residential areas, urban development areas identified in the general plan of urban areas under provinces, under cities, general plan of economic zones, national tourist areas; construction areas identified in the general plan of communes; areas that have architectural management regulations.

Thus, please ask for the following contents: Definition of construction areas in commune general planning? ; Do individual houses built in residential areas currently in accordance with commune general planning require construction permits?

Answering this question, after research, the Department of Economics - Construction Investment Management has the following opinions:

The construction area in the commune general plan is in accordance with the provisions of Article 30 of the 2024 Law on Urban and Rural Planning regarding detailed regulations on construction areas identified in the district general plan and commune general plan.

According to the provisions of point g, clause 2, Article 43 of the 2025 Construction Law, "Construction works of level IV, individual houses with a scale of less than 7 floors with a total floor area of less than 500m2 and not belonging to one of the areas: functional area, urban development area determined in the general plan of the city; functional area, rural residential area, urban development area determined in the general plan of urban areas under provinces, under cities, general plan of economic zones, national tourist areas; construction area determined in the general plan of communes; area that has architectural management regulations;" belongs to cases where construction permits are not required.

Therefore, it is requested that citizens contact the competent authority for issuing construction permits in the locality for specific guidance.

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