On the Ministry of Construction Information Portal, reader N.M. T reflected: Clause 2, Article 43 of the 2025 Construction Law, effective from January 1, 2026, stipulates:
“Before starting construction of the project, the investor must have a construction permit except in the following cases:
Level IV construction works, 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".
According to readers, thus, the construction area identified in the commune's general plan falls under the case of having to issue a construction permit.
Meanwhile, the conditions for issuing construction permits for detached houses are 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 stipulates: "For detached houses in rural areas, construction must be in accordance with detailed planning according to the law on urban and rural planning".
Readers ask, how is the issuance of construction permits for detached houses in locations within the construction area identified in the commune's general plan but without the detailed plan mentioned above implemented?
After research, the Department of Economics - Construction Investment Management, Ministry of Construction has the following opinions:
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).
The Department requests citizens to contact the competent authority for issuing construction permits in their locality to be guided on construction permit procedures according to the provisions of Clause 2, Article 45 of this law.
