8 cases of construction permit exemption
On the afternoon of December 10, with 437/439 delegates participating in the vote, the National Assembly passed the Construction Law (amended), effective from July 1, 2026.
The Construction Law (amended) expands the subjects of works exempted from construction permits, including 8 cases:
State secret works; urgent and urgent construction works; works belonging to special public investment projects; works belonging to investment projects under special investment procedures; temporary construction works as prescribed in this Law; construction works in areas used for national defense and security purposes as prescribed by the law on land.
The project under the public investment project is decided by the Prime Minister, heads of central agencies of the political organization, 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.
Construction works on routes in areas with two or more provincial-level administrative units; construction works on routes outside urban development orientation areas, determined according to urban and rural planning or detailed industry planning approved by competent state agencies or approved by competent authorities.
Sea works under offshore construction investment projects that have been assigned by competent authorities to operate sea areas; airports, works at airports, works to ensure flight operations outside airports.
Advertising works are not subject to a construction permit according to the provisions of the law on advertising; passive telecommunications technical infrastructure works.
Construction works under construction investment projects have been appraised by the specialized construction agency for the Feasibility Study Report and adjusted feasibility study report and have been approved according to regulations.
Grade IV construction works, individual houses with a scale of less than 7 floors with a total construction floor area of less than 500 m2 and not falling into one of the following areas: Functional areas, urban development areas identified in the city's general planning; functional areas, rural residential areas, urban development areas identified in the general urban planning of the province, under the city, general planning of economic zones, national tourist areas; construction areas identified in the general planning of communes; areas with architectural management regulations.
Repair and renovation works inside works or works for repair and renovation of the exterior that are 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 purpose and function of use, does not affect the safety of the load-bearing structure of the works, ensures requirements for fire prevention and fighting, environmental protection, and the ability to connect technical infrastructure.
Minimize 30% reduction in construction permit issuance time/costs
Previously, some National Assembly delegates said that the regulation on expanding the scope of construction permit exemption creates favorable conditions for investors but needs to be strengthened in post-inspections, paying attention to inspection, examination, and handling of violations.
In the explanatory report, the Government said that the drafting agency stipulates to ensure that the exemption of construction permits is accompanied by strict control measures such as: Regulations on notification of construction work for construction works to have information and basis for the construction order management agency;
Supplement the content of construction order management, transfer partly from pre-inspection to post-inspection; Supplement framework regulations on the installation of signs and monitoring equipment at construction sites, publicize information for the community to participate in supervision, criticism...
For construction works located in 2 or more provinces, it is stipulated that construction permits are only exempted for works on the above route from 2 or more provinces.
The licensing procedures will be regulated to be as simple as possible in the Decree in the direction of: Carrying out the entire online procedure; simplifying documents and conditions; enhancing the responsibility of design consultants in ensuring the safety of works; minimizing the time for granting the license (expected to be a maximum of 7 - 10 days). These regulations will reduce at least 30% of time/costs as required by the Government.
