Document No. 5844/BXD-QLN, issued by the Ministry of Construction, provides guidance on the appraisal of feasibility study reports for social housing projects and is considered a significant legal turning point, officially recognizing the investor's right to "choose" to apply specific preferential mechanisms.
Specifically, the Ministry of Construction allows investors to flexibly choose procedural processes to shorten project implementation time. This helps to remove long-standing legal bottlenecks and accelerate the progress of bringing products to low-income earners.
Instead of adhering to rigid procedures, social housing development businesses can now choose one of two options to be exempt from construction permits: Applying a special mechanism under Resolution No. 201/2025/QH15 to self-assess the project; or conducting an assessment at a specialized agency to benefit from the permit exemption mechanism under Construction Law No. 135/2025/QH15.
A social housing project is underway in Ho Chi Minh City.
Mr. Le Hoang Chau, Chairman of the Ho Chi Minh City Real Estate Association (HoREA), commented that this move is a "correct and effective solution" to the core obstacles of social housing projects.
According to Mr. Chau, the key point is that if the investor is confident in their capabilities and wants to accelerate the progress, they can choose to organize the appraisal and approval of the feasibility study report themselves, in accordance with Resolution 201. In that case, the enterprise takes full responsibility before the law, while eliminating the step of waiting for approval from state agencies in the initial stage.
Conversely, investors who want technical "certification" to be exempt from construction permits under the 2025 Construction Law can request the local Department of Construction to conduct the assessment.
The Ministry of Construction also stated: "When businesses make requests, specialized agencies are responsible for conducting assessments according to regulations, thereby limiting the situation of 'passing the buck' or confusion in implementation at the local level."
Another noteworthy point is that the Ministry of Construction allows the integration of fire prevention and fighting procedures.
Accordingly, the fire safety design review is conducted simultaneously during the construction permit issuance process (if applicable) or during the professional review phase. The processing time is stipulated to be a maximum of 30 days from the date of receipt of complete and valid documents.
A social housing project by Hoang Quan Real Estate Company.
Mr. Le Huu Nghia, Director of Le Thanh Trading and Construction Company, believes that exempting social housing projects from construction permits could shorten the commencement time by 3-4 months, thereby significantly reducing interest costs and accelerating progress.
According to the new regulations, after the feasibility study report is approved, the investor can commence construction immediately, instead of having to wait for the completion of licensing procedures as before. Other procedures such as environmental, fire safety, and technical infrastructure connection can be carried out simultaneously or supplemented during the construction process.
Mr. Nghia expressed his support, stating that this regulation has removed the biggest "bottleneck"—the waiting time for administrative procedures—and facilitated earlier project implementation. However, he also expressed concerns about consistency in implementation at the local level.
"In the past, even with guidance from the Ministry, some Departments of Construction still responded 'no'. Therefore, there needs to be synchronization between agencies to avoid overlapping and conflicting documents," Mr. Nghia cited as an example.
Furthermore, he expressed concern about the risk of "new bottle, old wine," meaning that even if construction permits are waived, if projects are still required to complete 100% of supplementary procedures (environment, fire safety, etc.) before construction begins, the policy will lose its practical significance. In addition, the risk of inconsistencies in the views of construction inspectors could lead to penalties or project suspension.
Therefore, Mr. Nghia suggested that consistency from the central to local levels is necessary to ensure the policy is implemented effectively. In particular, after the technical assessment is completed, businesses should be allowed to commence construction immediately; infrastructure and environmental procedures can be completed simultaneously, as long as all requirements are met before the project is put into operation.
Source: https://nld.com.vn/tin-mung-ve-nha-o-xa-hoi-196260426215339339.htm
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