On the Ministry of Construction's Information Portal, reader D.T shared:
I am a specialist working at the People's Committee of Tay Phuong Commune (Hanoi) and am carrying out construction licensing work.
During the implementation of the work of granting licenses for individual housing construction in Tay Phuong commune, when implementing the two-level local government, there were some difficulties and problems in legal procedures that needed to be consulted for guidance and resolution.
My agency has sent a document to the Department of Planning and Architecture, Hanoi City Department of Construction. However, I still have unclear content and would like to respectfully request the agency to consider and clarify the following content:
On May 29, 2025, the Prime Minister issued Official Dispatch No. 78/CD-TTg on focusing on cutting and simplifying administrative procedures in the construction sector, including the content of directing the Ministry of Construction to focus on "cutting down on construction licensing procedures for works under construction investment projects with detailed plans at a scale of 1/500 or works in areas where urban design has been approved".
After the Prime Minister's telegram, voters strongly supported the above policy.
Currently, in the commune, there are a number of projects to invest in the construction of technical infrastructure for auctioning land use rights that have detailed planning at a scale of 1/500 or in areas with detailed planning for the commune center and rural residential areas at a scale of 1/500 (the scale of the project is only to invest in traffic construction, leveling, water supply, drainage, lighting... not to invest in the construction of housing works on land and people who won the auction for land use rights to build on their own.
The detailed planning includes architectural planning indicators such as the number of floors, construction density, floor plan 1, land use coefficient, etc.
According to the response of the Hanoi Department of Construction, in communes with detailed plans at a scale of 1/500 mentioned above, construction permits are still not exempted, but must be works under construction investment projects that have been appraised by a specialized construction agency and reported on the feasibility of investment in construction in areas with detailed plans at a scale of 1/500 or urban designs approved by competent authorities.
For example, in urban areas, projects with pre-built houses will be exempted from the permit. So I hope that the agency will consider, or receive information to discuss with the Agency issuing Official Dispatch No. 78/CD-TTg to re-determine whether the Prime Minister's instructions are being guided by the Departments and branches as such are correct? To serve as a basis for guiding people in granting construction permits in accordance with regulations.
After studying, the Department of Economics - Construction Investment Management (Ministry of Construction) gave the following opinion:
According to current law, for residential area projects with the goal of investing in infrastructure construction and transferring land to households and individuals to build their own houses, with a detailed 1/500 planning approved by a competent state agency, when people receive land transfer and build their own houses that are not subject to the provisions of the Railway Law No. 95/2025/QH15, people must carry out construction permit procedures before starting construction. We recommend that citizens study and ensure compliance with current legal regulations.
