Do construction permits for houses with a floor area over 500m2 require permits in Vietnam?

Do construction permits for houses with a floor area over 500m2 require permits in Vietnam?

Question: I have the following question:

I intend to build a house with a floor area of ​​600 m2 in an urban development project that has been approved by a competent authority, do I need to apply for a construction permit?

Reply: 

Pursuant to Clause 1, Article 89 of the Law on Construction 2014 as amended by Clause 30, Article 1 of the revised Law on Construction 2020, construction works required to have construction permits granted by competent state agencies to project owners in accordance with regulations laid down herein, except the cases prescribed in Clause 2 of this Article.

According to provisions of Point e, Clause 2, Article 89 of the Law on Construction 2014, for houses under urban development projects, houses of urban development projects or housing development projects with under 7 stories and a total floor area of under 500 m² and detailed 1:500-scale plans already approved by competent state agencies.

Therefore, the floor area of ​​your house is 600m2 which exceeds the area of ​​500m2, so you are required to apply for a construction permit in Vietnam according to the provisions of Clause 1, Article 89 of the Law on Construction 2014.

The construction permit is almost expired in Vietnam but construction of the work has not commenced yet, what to do?

Question: I am the owner of a residential construction project that has been licensed to build, for some reason I have not commenced yet, but the construction permit is about to expire. Can I renew the construction permit, or do I have to go through the procedures for a new one when the permit expires? Ask for help!

Reply: 

Pursuant to Clause 1, Article 99 of the Law on Construction 2014 stipulates the extension of construction permits as follows:

1. Before the expiration of the construction permit for construction commencement, if the construction of the work has not commenced yet, the project owner shall make a request for extension of the construction permit. A construction permit may be extended no more than twice, with each extension not exceeding 12 months. At the end of the extension period, if failing to commence construction, the project owner shall submit a new dossier of application for a construction permit.

Thus, according to the information you provided, the housing project has not started but the construction permit has almost expired, so you must submit an application to extend the construction permit for another 12 months in Vietnam.

Do I need a construction permit to build a family swimming pool in Vietnam? 

Question: Currently, some families not only in the city but also in the countryside have a need to build a swimming pool at home to serve family purposes. So please ask: In that case, do I have to apply for a construction permit?

Reply: 

In Clauses 1 and 2, Article 89 of the Law on Construction 2014 as amended by Clause 30, Article 1 of the revised Law on Construction 2020, there are regulations on construction permits as follows:

1. Construction works required to have construction permits granted by competent state agencies to project owners in accordance with regulations laid down herein, except the cases prescribed in Clause 2 of this Article.

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) Detached 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 detached 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 detached houses in mountainous areas or islands without urban planning or function zone construction planning, except detached houses built in conservation zones or historical and cultural relic zones;

k) Project owners of construction works prescribed in Points b, e, g, h and i of this Clause, except detached houses prescribed in Point i of this Clause, shall send written notices of the time of construction commencement and construction design dossiers to local construction management agencies.

Compared with the above regulations in Vietnam, if households in the city, when building a swimming pool to serve their families, they are required to apply for a construction permit. In the case of rural areas, if the construction of that swimming pool is in an area where there is no approved urban development planning and detailed construction planning, you do not have to ask for permission.

Best Regards!