Mr. N.M. T asked: The issuance of construction permits for individual houses in locations within the construction area is identified in the commune's general plan but there is no detailed plan, how is it implemented?
Mr. T said that he studied Clause 2, Article 43 of the 2025 Construction Law, which takes effect from January 1, 2026, and found that it stipulates:
2. Before starting construction of the project, 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 07 floors with a total floor area of less than 500 m2 and not belonging to one of the areas: functional area, urban development area identified in the general plan of the city; functional area, rural residential area, urban development area identified in the general plan of urban areas under provinces, under cities, general plan of economic zones, national tourist areas; construction area identified in the general plan of communes; area that has architectural management regulations".
Thus, the construction area identified in the commune's general plan falls under the case of having to be granted a construction permit.
Meanwhile, the conditions for issuing construction permits for detached houses specified in Article 93 of the 2014 Construction Law amended and supplemented in Clause 32, Article 1 of Law No. 62/2020/QH14, point d, Clause 1, Article 57 of the 2024 Law on Urban and Rural Planning are: "For detached houses in rural areas, construction must be in accordance with detailed planning according to the law on urban and rural planning".
The Department of Economics - Construction Investment Management, Ministry of Construction answers this question as follows:
Cases of individual houses in construction areas identified in the commune's general plan are not eligible for exemption from construction permits as prescribed in point g, clause 2, Article 43 of the 2025 Construction Law (effective from January 1, 2026).
It is requested that you contact the competent authority for issuing construction permits in your locality for guidance on construction permit procedures according to the provisions of Clause 2, Article 45 of this Law.
