Exemption from construction permits - both good news and concerns.

After the Ho Chi Minh City Department of Construction announced 112 projects eligible for exemption from construction permits, wards/communes immediately disseminated the information to residents. Besides the excitement of not having to spend time applying for permits, residents also have another concern: whether they will be allowed to build houses and receive land ownership certificates.

The Conic 13B residential project (Binh Hung commune, Ho Chi Minh City) is one of 112 projects announced as eligible for exemption from construction permits. Photo: THANH HIEN

I hope to be able to build a house and receive a land ownership certificate.

The Conic 13B residential project (in Binh Hung commune) is one of 112 projects announced as eligible for exemption from construction permits. Five plots of land in this area are currently being used by residents to build houses. Ms. TH, a resident of the Conic 13C residential area, said she bought a plot of land there more than 10 years ago. “I was very happy to hear that construction permits are now waived because I won’t have to waste time and deal with the complicated process. However, I’m also worried because if I build without permission, not according to the design, or with a different house model, will I still be able to get a completion certificate?” Ms. H. wondered.

Not far from the Conic 13B residential area is the 13C residential area project, also located in Binh Hung commune, developed by Tan Binh Construction Investment Joint Stock Company (Tan Binh Company). This project is also included in the list of projects exempted from construction permits this time. Construction began in 2002, and the developer completed the sales procedures with customers in 2004. However, to date, the issuance of land ownership certificates for 99 plots in lots A and B has not been completed. Mr. Cao Xuan Do, Head of Hamlet 69, Binh Hung commune, said that the residents here want to build houses to live in because they have waited too long. However, some plots in this area still haven't received land ownership certificates because the developer hasn't fulfilled its additional financial obligations. Previously, some impatient people built without permits and were asked to stop by the local authorities.

At the Ha Do residential project in Thoi An ward, developed by Ha Do Group Joint Stock Company, approximately 92% of the individual houses have already been built. Residents were very excited to hear that the project was exempt from construction permits. However, some are concerned about whether they will receive land ownership certificates if the permits are waived, as most houses in this area were built a long time ago but have not yet been issued certificates. Similarly, in Nha Be commune, nearly 30 housing projects were exempt from construction permits this time. According to Mr. Vo Phan Le Nguyen, Chairman of the People's Committee of Nha Be commune, the commune has informed residents about the projects that have been exempted from construction permits.

Continue reviewing eligible projects.

Regarding the concerns of residents in residential area 13C, Mr. Bui Truong Son, Head of the Economic Department of Binh Hung Commune, stated that the investor must fulfill all financial obligations and obtain land ownership certificates before construction can begin. Mr. Nguyen Dinh Bao Quoc, Vice Chairman of the Thoi An Ward People's Committee, added: The Ha Do residential area project is exempt from requiring a construction permit for the investor. Therefore, before commencing construction, the investor only needs to send a notice of commencement to the local authorities and the Inspectorate of the Department of Construction for coordinated inspection during the construction process. After completing the investment in housing construction, completing the technical and social infrastructure works according to the plan, and fulfilling all financial obligations, the investor will contact the City Land Registration Office Branch to process the issuance of land ownership certificates to homebuyers.

The Dai Nhan housing project in Hiep Binh ward, Ho Chi Minh City, is exempt from construction permits.

To ensure the effective implementation of construction permit exemptions, the Ho Chi Minh City Department of Construction has requested the People's Committees of communes to publicly post the list of projects within their administrative boundaries that meet the conditions for construction permit exemption; and to guide individuals and organizations to comply with approved planning and legal regulations on construction commencement when receiving notification of the commencement date. Simultaneously, the Ho Chi Minh City Department of Agriculture and Environment, in coordination with the City Land Registration Office, will review current regulations to guide the People's Committees of wards/communes in uniformly implementing the procedures for granting ownership certificates for individual houses according to the lists published by the Department of Construction.

In the near future, the Department plans to implement a plan to review and organize the preparation of detailed 1/500 scale planning covering urban areas along national and city-level main traffic routes with approved investment and expansion plans, such as Ring Road 2, Ring Road 3, Ring Road 4, National Highway 1, National Highway 22, etc., to implement exemption from construction permits for individual houses. Mr. Huynh Thanh Khiet, Deputy Director of the Ho Chi Minh City Department of Construction, added that the department will continue to review projects that meet the criteria for exemption from construction permits and announce them in several phases; at the same time, it will review the legal basis to ensure that the announcement of projects exempt from construction permits complies with current regulations.

Procedures for notifying the commencement of construction in areas exempt from building permits.

- Possess legal land documents as stipulated in Article 53 of Government Decree No. 175/2024/ND-CP dated December 30, 2024, with the land use purpose being residential land; construction is prohibited if the land is subject to disputes or a decision by a competent authority preventing changes to the current status/transfer of property; and written consent from the bank is required (in the case of mortgage).

- Design and construct individual houses in accordance with the architectural and planning standards in the detailed planning at a scale of 1/500 (or the overall site plan at a scale of 1/500 and the architectural design of the building) that have been approved or accepted by the competent state agency as prescribed.

- Submit a notification of the commencement date of construction and the required construction design documents (including certified copies of legal land ownership documents) to the local state management agency for construction (commune People's Committee) at least 3 working days before the commencement date of construction for management purposes.

Thanh Hien

Source: https://www.sggp.org.vn/mien-giay-phep-xay-dung-mung-va-lo-post804405.html