Do I need to apply for construction permit to build fences in rural areas in Vietnam?

1. Do I need to apply for construction permit to build fences in rural areas in Vietnam?

In Clause 2, Article 89 of the 2014 Construction Law, as amended by Clause 30, Article 1 of the revised Construction Law 2020, cases exempted from construction permits include:

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.

Thus, the construction of fence walls is grade-IV construction works in rural areas in Vietnam without urban planning, function zone construction planning or detailed construction planning on rural residential points approved by competent state agencies. The construction of fences at your family's house does not require a construction permit.

2. What cases do project owners request adjustment of construction permits in Vietnam? 

Pursuant to Article 98 of the Law on Construction 2014 stipulates as follows:

1. In the course of construction, if there are adjustments to the design resulting in changes in one of the following contents, project owners shall request adjustment of construction permits:

a/ Change of the external architecture of the work, for works in urban centers or areas subject to architecture management requirements;

b/ Change of one of the following factors: construction location and area; size, height and number of stories of the work and other factors affecting its main force-bearing structure;

c/ Adjustment of the interior design of the work resulting in a change of its utility and affecting safety, fire and explosion prevention and fighting or environmental protection.

2. A dossier of request for adjustment of a construction permit must comprise:

a/ A written request for adjustment of a construction permit;

b/ The granted original construction permit;

c/ Design drawings related to the adjustment to the design permitted in the granted construction permit;

d/ A report on appraisal results and written approval of the adjusted design (except for separate houses) of the project owner, containing a content on assurance of force-bearing safety, fire and explosion prevention and fighting and environmental protection.

According to this Article, depending on the construction process, if you have to adjust the design to change one of the above-mentioned contents, the investor must request the adjustment of the construction permit in Vietnam.

Best Regards!