Urgent need to abolish construction permits

At the Government meeting on law-making in May 2025, Prime Minister Pham Minh Chinh clearly stated the requirement to resolutely cut unnecessary procedures, including the issuance of construction permits (GPXD). This direction was strongly supported by the people, and it is hoped that there will be a solution for implementation soon.

Few projects are exempted from construction permits

According to a report by the Ho Chi Minh City Department of Construction, in 2024 the city issued 24,921 construction permits, an increase of 1,530 construction permits compared to 2023.

A construction site under construction on Duong Quang Ham Street, Ward 5, Go Vap District, Ho Chi Minh City. Photo: Thanh Hien

As a district with a large agricultural land area, Mr. Vo Huu Thang, Vice Chairman of Can Gio District People's Committee, said that the district has an area that is exempted from construction permits, which is Phuoc Loc Garden Residential Area, which has been approved for detailed planning at a scale of 1/500 and is implemented according to the model house approved by the District People's Committee. The rest, the granting of construction permits for individual houses is based on the detailed construction zoning plan at a scale of 1/2000 and the new rural construction plan (for areas that have not been approved for detailed planning of rural residential areas at a scale of 1/2000), the Ho Chi Minh City Architecture Management Regulations according to Decision No. 56/2021 of the Ho Chi Minh City People's Committee...

A leader of Ward 4 People's Committee, Tan Binh District, said: "Only renovation projects that do not increase the area or change the structure do not need a permit. For renovation projects that change from wooden floors to concrete or change the roof... you must apply for a construction permit at the district." Meanwhile, Mr. Nguyen Van Hung, Director of a construction company in Ho Chi Minh City, reflected that individual housing projects are almost not exempt from construction permits. Even simple thatched-roof construction projects, fence construction, or when the land has a 1/500 planning, must apply for a construction permit.

According to information from the Hanoi Department of Construction, before the time of rearranging districts and towns of Hanoi, the number of people submitting applications for construction permits for individual housing projects tended to increase. Specifically, in Cau Giay district, the total number of construction permit applications in 1 month increased by 40-50 applications compared to the same period in 2024. The situation is similar in Hai Ba Trung and Hoang Mai districts. The Hanoi Department of Construction also said that the demand for construction of individual houses is very large, but the procedures for applying for construction permits are very complicated. Many people do not understand the procedures for granting permits and do not have the skills to operate online, so they have to go back and forth many times to supplement their documents.

Need specific solutions

Regarding the directive to eliminate the procedure for granting construction permits, lawyer Nguyen Van Hau, Vice Chairman of the Ho Chi Minh City Bar Association, assessed that the policy of eliminating the procedure for granting construction permits is not a new thing in the world , as many countries have applied the method of "construction notification". Accordingly, it allows people and contractors to start construction immediately after submitting the notification documents, instead of having to wait weeks, even months to receive the permit.

In Ho Chi Minh City, in 2021, the Ho Chi Minh City People's Committee approved the Regulations on architectural management in the area (issued with Decision 56/2021 dated December 28, 2021), clearly stipulating construction density, floor height, height, setback, architectural components of works such as balconies, stair canopies, canopies, canopies, basements, mezzanines for each road and each block. Based on the regulations, some urban housing subdivisions currently have 1/500 planning. Therefore, construction projects of individual and family houses in urban areas that have 1/500 detailed planning or approved urban design should be exempted from construction permits.

Mr. Nguyen Van Su, Head of the Department of Economic Infrastructure and Urban Areas of Binh Tan District, Ho Chi Minh City, analyzed that applying for a construction permit is costly for people because they have to hire a measuring unit and submit documents. The staff also has to go through many steps from the specialist to the deputy department head, the department head to the district People's Committee to sign, so it is reasonable to remove the procedure for granting a construction permit. However, it may be difficult at first, people do not do it correctly, so local officials need to wholeheartedly guide people. Mr. Nguyen Van Su proposed that, in the immediate future, it is necessary to exempt construction permits for houses in areas with detailed planning of 1/500, or existing residential areas.

Sharing the same view, Mr. Vo Trung Truc, Deputy Director of the Department of Agriculture and Environment of Ho Chi Minh City, said that in areas with 1/500 planning and architectural management regulations, people do not need to apply for construction permits. In areas without 1/500 planning, the Department of Construction must speed up to cover them all. Doing this will cut the budget by cutting down on personnel, saving people time and money.

Mr. Tong Van Nga, Vice President of the Vietnam Construction Association, commented that up to now, state management agencies have used construction permits as a tool to manage construction activities, to ensure order in this field. However, reality has shown that the issuance of construction permits has many shortcomings. Complicated procedures make people spend a lot of time and money on applying for construction permits. Meanwhile, construction order in localities is still quite chaotic, violations are rampant, many construction works are not in accordance with the design license, and violations are not thoroughly handled.

“The Prime Minister’s directive to eliminate unnecessary procedures, including construction permits, is necessary. To do this, localities must have good planning for each area, with specific and detailed regulations, such as maximum height, distance from the door to the sidewalk, paint color, design, etc. Management agencies will focus on post-inspection, and violations will be strictly handled. If the planning is good and the post-inspection is strictly implemented, construction permits will no longer be necessary,” Mr. Tong Van Nga suggested.

Considering that the removal of construction permit issuance procedures is part of the administrative reform roadmap, aiming to reduce cumbersome procedures for people, while reducing work pressure for state management agencies, especially in the context of state agencies merging and streamlining their apparatus, lawyer Nguyen Van Chien (Hanoi Bar Association) suggested: “Specialized agencies need to promptly research implementation solutions, develop standards and regulations that are consistent with planning, in a more scientific direction, convenient for management work, and easier for people to implement. Authorities need to have strict sanctions for cases of construction that violate planning, such as forcing the demolition of violating parts, not issuing certificates of ownership, and punishing violating contractors...”.

Thanh Hien - Bich Quyen

Source: https://www.sggp.org.vn/cap-thiet-bai-bo-giay-phep-xay-dung-post797233.html