Applying for a term construction permit must meet the planning conditions

Khương Duy |

People applying for a term construction permit are only considered when the land area belongs to an area with approved and announced planning but has not been implemented.

A resident in Ho Chi Minh City reflected that he had completed procedures to apply for a construction permit, but the local authorities replied that the 1/2000 scale zoning plan had expired according to the 2024 Urban and Rural Planning Law.

Meanwhile, the General Plan of Ho Chi Minh City to 2040, vision to 2060 approved by the Prime Minister in Decision No. 1125/QD-TTg dated June 11, 2025 has not specifically identified urban and rural areas, so the locality believes that there is no basis for issuing construction permits.

Việc cấp giấy phép xây dựng có thời hạn phải căn cứ quy hoạch đã được phê duyệt và công bố theo quy định. Ảnh: Thành Đông
The issuance of a term construction permit must be based on the approved and announced plan according to regulations. Photo: Thanh Dong

According to feedback, people believe that their case still meets the conditions to be granted a term construction permit according to Article 94 of the 2014 Construction Law, which has been amended and supplemented. However, Decision No. 29/2025/QD-UBND dated December 22, 2025 of the City People's Committee on decentralizing the authority to issue construction permits only stipulates the construction scale and term of existence of works for areas that have been approved for sub-area planning, functional sub-area planning, detailed planning or detailed functional area planning, without mentioning the case of areas with commune general planning and City general planning. Therefore, the Commune People's Committee does not have a basis to resolve dossiers.

Answering this issue, the Economic - Construction Investment Management Department, Ministry of Construction said that the general conditions for being granted a term construction permit are specified in point a, clause 1, Article 94 of the 2014 Construction Law, which has been amended and supplemented.

Accordingly, the project must be located in an area planned according to the law on urban and rural planning that has been approved and announced by a competent state agency but has not been implemented and has not had a land acquisition decision from a competent state agency.

From this regulation, the Economic - Construction Investment Management Department, Ministry of Construction, requests people in each specific case to contact the competent state agency for planning and issuing construction permits in the locality for detailed guidance.

Khương Duy
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