FROM JULY 1, 2026: CONDITIONS TO BE MET WHEN APPLYING FOR A CONSTRUCTION PERMIT

1. The Construction Work Must Align with Land Use Purposes

One of the primary requirements when applying for a construction permit is that the work must be constructed on a land plot with a land-use purpose that complies with land law. The basis for consideration rests upon valid legal documents proving land-use rights. For works serving agricultural production, construction must additionally comply with specific regulations issued by the Provincial People's Committee in accordance with land legislation.

2. The Design Must Conform to Planning

The construction design dossier must ensure conformity with the planning approved by competent authorities. For investment projects, the design must meet the requirements of relevant planning. Meanwhile, individual housing of households and individuals must also conform to the construction planning or urban planning currently applicable in the area.

3. Ensuring Safety Requirements

A construction work will only be considered for permit issuance if it meets the requirements regarding:

• Load-bearing structural safety.
• Safety for adjacent construction works.
• Environmental protection.
• Fire prevention and fighting as prescribed.
• Protection of technical infrastructure systems and works with special protection requirements (such as transport, dykes, irrigation, energy, historical-cultural relics, scenic spots, and works serving national defense and security).

For large-scale, technically complex works or those impacting community safety, the design must also undergo mandatory verification in accordance with regulations prior to permit issuance.

4. Construction Design Must Follow Regulations

The design of the work must be formulated, appraised, and approved according to the order and procedures set forth in the Law on Construction and its guiding documents. For individual housing, the formulation and management of design dossiers must strictly comply with regulations on construction quality management.

5. Application Dossiers Must Be Complete

In addition to technical and planning conditions, the application dossier for a construction permit must be fully prepared in accordance with each specific type of construction work. Any missing items or failure to meet documentation requirements may affect the permit review process.

Regulations on Repair, Renovation, and Relocation of Works

The Decree also stipulates that the repair, renovation, or relocation of works must satisfy the conditions corresponding to each respective activity. For relocated works, the implementation plan must ensure safety for laborers, the existing structure, and neighboring works, while minimizing impacts on the environment and technical infrastructure systems.

Cases Where a Construction Permit May Be Revoked

According to regulations, a construction permit may be revoked if it was issued in violation of legal provisions. Furthermore, if the project owner conducts construction improperly against the contents of the permit and fails to execute corrective requirements in accordance with the decisions of competent authorities within the prescribed time limit, the permit may also be revoked under current regulations.

Decree No. 217/2026/ND-CP takes effect on July 1, 2026. Project owners, enterprises, and individuals with construction needs should stay updated on the new regulations to fully prepare their dossiers, ensuring that their projects fulfill all legal conditions before implementation.

References: Decree No. 217/2026/ND-CP; 2025 Law on Construction.