What are cases in which construction permit is exempted in Vietnam?

What are cases in which construction permit is exempted in Vietnam? (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. What is construction permit?

Construction permit means a legal document granted by a competent state agency to a project owner for construction, repair, renovation or relocation of a work.

(Clause 17, Article 3 of Construction Law 2014)

2. What are cases in which construction permit is exempted in Vietnam? 

According to Clause 2, Article 89 of the Construction Law 2014 (amended in 2020), cases in which construction permit is exempted in Vietnam include:

- Works involving state secrets; works constructed under emergency orders;

- 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;

- Makeshift construction works as prescribed in Article 131 of the Construction Law 2014;

- 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;

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

- 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;

- 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;

- 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;

- 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;

Note: Investors who construct works specified in Points b, e, g, h, and i, Clause 2, Article 89 of the Construction Law 2014, are responsible for sending notice of construction commencement time and construction design documents according to regulations to the local state management agency on construction for management.

Except for individual houses with a scale of less than 7 floors under urban area construction investment projects, housing construction investment projects with detailed planning of 1/500 have been approved by competent state agencies.

Thus, the above cases do not need to apply for a construction permit. In other cases, a construction permit will be required; otherwise, the investor will be fined according to the provisions of the law.

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