Are separate houses exempted from construction permit in Vietnam? What are conditions for granting construction permits for separate houses in Vietnam?

What is a separate house according to the law in Vietnam?

Pursuant to Clause 2 Article 3 of the Law on Housing in 2014 stipulating separate houses:

Interpretation of terms

For the purposes of this Law, these terms below shall be construed as follows:

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2. Separate house means any house which is built on a detached land plot under lawful rights to use of an organization, household or individual, including villas, row houses and detached houses.

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As regulated above, separate house means any house which is built on a detached land plot under lawful rights to use of an organization, household or individual.

Separate houses include villas, row houses and detached houses.

Are separate houses exempted from construction permit in Vietnam?

Pursuant to Clauses 2.h and 2.i, Article 89 of the Law on Construction in 2014 (amended by Clause 30 Article 1 of the Law on amendments to the Law on Construction in 2020):

General provisions on grant of construction permits

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2. Cases in which construction permit is exempted:

a) Works involving state secrets; works constructed under emergency orders;

b) Works of projects using public investment funds in which the construction investment is decided by the Prime Minister, heads of central-level agencies of political organizations, People’s Supreme Procuracy, People’s Supreme Court, State Audit Office of Vietnam, Office of the President, the Office of the National Assembly, ministers, heads of ministerial-level agencies, Governmental agencies, central-level agencies of Vietnamese Fatherland Front and of socio-political organizations or chairpersons of People’s Committees at different levels;

c) Makeshift construction works as prescribed in Article 131 hereof;

d) Works undergoing repair or renovation of their interior parts or works undergoing repair or renovation of their external architecture not facing roads in urban centers subject to architectural management requirements of competent state agencies; such repair or renovation does not alter the functions and force-bearing structures of the works, and must be conformable with construction planning approved by competent state agencies and requirements on fire and explosion prevention and fighting, and environmental protection;

dd) Advertisement works not subject to construction permits as prescribed by the Law on advertisement; passive telecom infrastructure works as prescribed by the Government;

e) Construction works located in the territories of two or more provincial-level administrative units, works constructed in lines outside urban areas which conform to construction planning or detailed planning approved by competent state agencies;

g) Construction works of which results of appraisal of the construction design following the fundamental design have been notified by specialized construction agencies to meet conditions for approval and which meet requirements for construction permit prescribed by this Law;

h) Separate houses with under 07 stories of urban area construction investment projects or housing construction investment projects under detailed planning of 1:500 scale approved by competent state agencies;

i) Grade-IV construction works or separate houses with under 07 stories in rural areas without urban planning, function zone construction planning or detailed construction planning on rural residential points approved by competent state agencies; Grade-IV construction works or separate houses in mountainous areas or islands without urban planning or function zone construction planning, except separate houses built in conservation zones or historical and cultural relic zones;

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As regulated above, separate houses in Vietnam are exempted from construction permit in following cases:

- Separate houses with under 07 stories of urban area construction investment projects or housing construction investment projects under detailed planning of 1:500 scale approved by competent state agencies;

- Separate houses with under 07 stories in rural areas without urban planning, function zone construction planning or detailed construction planning on rural residential points approved by competent state agencies;

- Separate houses in mountainous areas or islands without urban planning or function zone construction planning, except separate houses built in conservation zones or historical and cultural relic zones.

Are separate houses exempted from construction permit in Vietnam? What are conditions for granting construction permits for separate houses in Vietnam? - image from internet

What are conditions for granting construction permits for separate houses in Vietnam?

Pursuant to Article 93 of the Law on Construction in 2014 (amended by Clause 32 Article 1 of the Law on amendments to the Law on Construction in 2020 and Clause 3 Article 39 of the Law on Architecture in 2019) stipulating conditions for granting construction permits for separate houses:

- Conditions for granting construction permits for separate houses in urban areas include:

+ Be conformable with land use purposes as prescribed by the Law on land and architectural management regulations adopted by competent state agencies;

+ Ensure safety for the works and adjacent works and meeting requirements on environmental protection and fire and explosion prevention and fighting; ensuring safety for technical infrastructure and protection corridors of irrigation works, dikes, energy works, traffic works, cultural heritage zones, historical-cultural relics; ensuring safety distance to fire- or explosion-prone and hazardous facilities, and important works related to national defense and security;

+ Have construction designs made under Clause 7, Article 79 of the Law on Construction in 2014;

+ Having dossiers of application for construction made under Clause 1, Article 95, and Articles 96 and 97 of the Law on Construction in 2014.

- Separate houses in urban areas must meet the conditions prescribed in Clause 1 Article 93 of the Law on Construction in 2014 and conform with detailed construction plans. Separate houses located in stable areas or street routes in urban centers which have no detailed construction master plans, must comply with regulations on regulations on management of architecture promulgated by competent state agencies.

- Separate houses in rural areas, when constructed, must conform with detailed construction master plans for rural residential points.

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