Construction is exempt from building permits, but must comply with regulations.

Although exempted from construction permits, when starting a project, investors must check the conditions for starting construction and send a notice of commencement to the local authorities. Photo: NAM TRAN

The investor must send a notice of commencement.

According to the Department of Construction, from July 1, 2025, constructions exempted from construction permits include: constructions under construction investment projects whose construction investment feasibility study reports have been appraised by specialized construction agencies in areas with detailed planning at a scale of 1/500 or urban designs approved by competent authorities.

After reviewing, the Department of Construction has announced a list of works and projects exempted from construction permits according to regulations, including 3,104 works (houses, townhouses, villas, hotels, apartment buildings, tourist areas...) belonging to 29 projects with a total investment of nearly VND 27,150 billion.

Although the above-mentioned projects are exempt from construction permits, the Department of Construction requires construction investors (including investors and secondary investors) to be responsible for checking and ensuring the conditions for starting construction projects.

Accordingly, there is a construction site to hand over in whole or in part according to the construction progress; there is an approved design and construction drawing of the construction item and the project to be started; a contract is signed with the contractor to carry out construction activities related to the project to be started; there are measures to ensure safety and environmental protection during the construction process...

The profile and drawings of the construction or individual houses are designed in accordance with the architectural and planning criteria in the project investment feasibility study report that has been appraised by a specialized construction agency and in the 1/500 scale detailed planning or urban design that has been approved by a competent state agency according to regulations.

The project investor shall send a notice of the construction commencement time and construction design documents as prescribed (with certified copies of legal land documents) to the local state construction management agency (Commune-level People's Committee) at least 3 working days before the construction commencement time for local management.

When constructing a project, the investor must comply with relevant legal regulations on land, fire prevention and fighting, environment, etc.

The People's Committee at the commune level is responsible for checking the conditions for construction commencement, checking construction order and handling violations in the area. Photo: NAM TRAN

Commune People's Committee checks the conditions for starting construction

Mr. Tran Phuoc Hoa Binh , Head of Construction Permit Department, Department of Construction, acknowledged that for construction works belonging to projects exempted from construction permits and construction order inspection, the role and authority of local authorities (commune-level People's Committees) are very important.

For projects identified by the Department of Construction as exempt from licensing, the investor almost does not have a construction permit, but must have a notice of commencement of construction.

Therefore, the People's Committee at the commune level checks the conditions for starting construction of these projects.

The components of the notification of construction commencement must be complete, guaranteed and in accordance with regulations, especially documents related to land (land use right certificate or land allocation decision, land lease contract,...).

Conditions for starting construction projects need to be closely inspected by the People's Committees of communes and wards to ensure completeness of documents and compliance with regulations.

According to new legal regulations, project investors must be responsible for paying consultants to prepare complete design documents for individual houses, buildings... and submit them to the Department of Construction for appraisal.

When purchasing land, investors and secondary investors only need to base on the design documents handed over by the project investor to build individual houses without having to apply for a construction permit because they are exempt from a construction permit.

“This regulation is very beneficial for people, secondary investors and also beneficial for those performing state management tasks on construction activities, reducing pressure on construction licensing, especially for individual houses,” said Mr. Tran Phuoc Hoa Binh.

According to Director of the Department of Construction Nguyen Ha Nam , Da Nang city has proposed that central ministries and branches add two more subjects exempted from construction permits, including: works whose construction investment feasibility study reports or construction design have been appraised by specialized construction agencies; individual housing works belonging to housing construction investment projects, urban area construction investment projects with detailed urban and rural planning or urban design, architectural management regulations approved and accepted by competent state agencies.

In addition, research and supplement regulations for the People's Committees at the commune level to inspect construction activities in the area and handle violations; monitor and inspect to promptly detect and handle investors of projects invested with non-budgetary capital who repair, expand, or change the function of construction works in violation of regulations during the exploitation and use process.

Source: https://baodanang.vn/cong-trinh-duoc-mien-giay-phep-xay-dung-nhung-can-tuan-thu-cac-quy-dinh-3306461.html