Abolishing construction permits: How to deal with illegal and unlicensed constructions?

The construction violation at No. 3, Lane 249 Hoang Quoc Viet (Nghia Tan Ward, old Cau Giay District) has lasted from 2022 to present, but the settlement has not been in accordance with the enforcement decision issued from February 2023, causing public outrage.

The construction violation at No. 3, Lane 249 Hoang Quoc Viet (Nghia Tan Ward, old Cau Giay District) has lasted from 2022 to present, but the settlement has not been in accordance with the enforcement decision issued from February 2023, causing public outrage.

Progress in administrative reform

Up to now, although areas have clear planning and approved designs, when constructing, people still have to apply for construction permits, which is a formality. Recently, in order to reform more strongly, substantially, and drastically, in Official Dispatch No. 78/CD-TTg, the Prime Minister requested to reduce the procedures for granting construction permits for works belonging to construction investment projects with detailed planning at a scale of 1/500 or works in areas with approved urban designs.

The abolition of this procedure will free up resources and promote innovation in urban management. This is an important step in administrative procedure reform, helping to eliminate unnecessary overlaps, saving time and costs for both citizens and businesses.

According to experts, in the past, people and businesses had to wait a long time to complete some construction investment projects, go through many administrative procedures, and the cost of complying with administrative procedures was still high. Therefore, the abolition of construction permits will create maximum convenience for people and businesses, but it is also necessary to assess the impact if the licensing is abolished, whether people's right to build on their own will affect the legitimate rights of other people and businesses.

With the policy of abolishing construction permits in the context of organizing two-level local government, the operation of the urban planning system will need to be adjusted to suit the new administrative model. In particular, there needs to be close coordination between planning levels.

Currently, we have abolished the district level, some tasks of master planning management and urban supervision will be transferred to the provincial level. At the same time, many administrative procedures directly related to construction will be decentralized to the ward and commune levels, helping localities to process documents quickly and in accordance with reality. In this context, abolishing construction permits will speed up the appraisal process, creating convenience for businesses and people in the process of implementing investment and construction projects.

The illegal construction is the 2.5-storey area of apartment number 3, lane 249 Hoang Quoc Viet.

Abolishing construction permits when detailed planning 1/500 and urban design are available is to facilitate people, who do not have to go back and forth many times to apply for construction permits. However, if there is a lack of a transparent post-inspection mechanism and strict supervision, this policy can create a gap in urban management, increasing construction violations.

It is worth mentioning that the previously “named” violations should be resolved now. In reality, these violations still exist and have not been handled after the whole country converted its government operations to a two-tier model. Who will be responsible for these violations?

Who is responsible for construction violations?

According to the reporter's records, the illegal construction at No. 3, Lane 249 Hoang Quoc Viet (Nghia Tan Ward, Cau Giay District (old), now Nghia Do Ward, Hanoi ) was once the focus of public anger. According to Ms. Nguyen Le T, the case of Ms. Nguyen Thi Luyen's family (No. 3, Lane 249 Hoang Quoc Viet) constructed a construction without a construction permit, which according to regulations must have a construction permit, did not ensure safety for adjacent constructions and regulations on fire prevention and fighting, and posed a risk of fire and explosion, seriously affecting the lives of the surrounding people.

The incident occurred in 2022, when Ms. Luyen's family illegally built 2.5 floors at the above apartment and was reported to the ward authorities (at that time, the People's Committee of Nghia Tan Ward) but was not resolved. As a last resort, Ms. T had to file a complaint and denunciation to the authorities, especially denouncing the illegal acts in the performance of duties and public duties of the Chairman of the People's Committee of the former Nghia Tan Ward, even the former leader of the People's Committee of the former Cau Giay District.

After that, the Government Office , the Government Inspectorate and the Hanoi People's Committee Office... issued a notice to transfer the petition, directing the functional units to handle and resolve it, but it was not until June 20225 that the People's Committee of Nghia Tan Ward demolished a very small part, which was a formality, basically not in accordance with the Decision on enforcement and penalty that the People's Committee of Cau Giay District issued in February 2023, which was to demolish the unlicensed construction part.

Similarly, recently, many households in lane 34 Nguyen Hong street, Lang Ha ward, Dong Da district, Hanoi (now Lang ward, Hanoi) also filed a complaint against the household living at number 2, lane 34 Nguyen Hong street for illegal construction. According to the households, the owner of this project is currently expanding the building by 2 more floors, building a loggia that encroaches on the open space, affecting the lives of the surrounding residents. However, after accepting the petitions of the households, the authorities still allowed the project to be completed. This is no different from a challenge, making the people even more upset. More worryingly, after implementing the 2-level government model, how these violations will be handled is still a concern that the people are anxiously waiting for.

The construction project violating construction order at No. 2, Lane 34 Nguyen Hong is also in a similar situation.

Lawyer Le Thu Hien - Director of Kim Minh Chau Law Firm (Hanoi Bar Association) said that it can be seen that abolishing construction permits is a remarkable step forward in administrative reform. However, this policy will only be truly effective when accompanied by a transparent post-inspection mechanism, capable of controlling and preventing violations. Therefore, along with the support for reform are valid concerns. Because without a transparent and strict post-inspection mechanism, the exemption of permits can lead to lax management, violations in construction and misuse of works. Especially the violating works, which have been "named" before, need to be dealt with decisively and should not be left for people to run around. A typical example is the case related to the violating works at No. 3, Lane 249 Hoang Quoc Viet mentioned above.

“Even though the construction permit is abolished, the violating constructions must still be handled, and those who commit violations must still be held responsible, regardless of whether they are in office or have changed their job position, or even retired. I think that with fair and strict treatment when enforcing the law, there will never be a case of officials “landing safely” if violations occur. In addition, the abolition of construction permits needs to go hand in hand with improving the operational capacity of monitoring agencies such as: Construction Inspectorate, Construction Order Management Team, Ward and Commune People's Committees... to ensure that urban areas are developed aesthetically and in accordance with planning. On the other hand, it is necessary to increase sanctions and bind responsibilities in the post-inspection environment; expand civil, administrative, and even criminal responsibilities for individuals, consulting and construction units that violate the law to have enough deterrence,” said lawyer Hien.

Regarding violations of construction order, recently in Hanoi, many commune and ward leaders have been arrested and prosecuted for accepting bribes and protecting illegal construction works. As a result, the above violations have been exposed, many subjects have been prosecuted and prosecuted by Hanoi Police, including commune, ward and functional unit leaders.

Typical: On April 12, 2024, Hanoi City Police arrested the Chairman of the People's Committee of Nghia Do Ward, Cau Giay District (now Nghia Do Ward, Hanoi City) for accepting a bribe of 1 billion VND to ignore violations of an unlicensed construction project in the area; On March 20, 2025, Hanoi City Police issued an arrest warrant and detained Mr. Dang Thanh Tung - Chairman of the People's Committee of Thanh Tri Ward (Hoang Mai District, Hanoi City), now Linh Nam Ward, Hanoi City, along with many construction management officials accused of receiving 920 million VND from many households to ignore construction violations; On May 5, 2025, Hanoi City Police arrested the Chairman of Tu Nhien Commune, Thuong Tin District (now Chuong Duong Commune, Hanoi City) and 3 commune officials for accepting bribes and protecting illegal construction; On May 22, 2025, Hanoi City Police issued an arrest warrant for the Secretary of Hoang Liet Ward, Hoang Mai District (now Hoang Liet Ward, Hanoi City) and 3 officials on charges of accepting bribes to ignore violations in the construction sector.

Source: https://baolangson.vn/bo-giay-phep-xay-dung-nhung-cong-trinh-sai-phep-khong-phep-xu-ly-nhu-the-nao-5052251.html