Proposed legislation to expand the scope of exemptions from construction permit requirements.

Several construction projects have been proposed to be added to the list of those exempt from requiring a construction permit.

Minister of Construction Tran Hong Minh - Photo: GIA HAN

On the morning of November 4th, Minister of Construction Tran Hong Minh, acting on behalf of the Prime Minister, presented to the National Assembly the draft Law on Construction (amended).

One of the new features of this bill is the amendment and supplementation of regulations on construction permits, aiming to expand the scope of those exempt from construction permit requirements and simplify procedures.

Simplify administrative procedures.

In addition, the principle is that from the preparation phase to the commencement of construction, the construction management agency only reviews the administrative procedures once for each construction project.

Projects whose feasibility studies have been assessed by the relevant construction authority are exempt from construction permits.

According to Mr. Minh, the draft law also amends and supplements regulations to simplify the conditions, procedures, and processes for granting construction permits; implement online procedures throughout the entire process; simplify documentation and requirements; and minimize the time for granting construction permits (maximum 7 days).

Specifically, according to the bill, before commencing construction, the investor must obtain a construction permit, except in the following cases:

State secret projects; emergency construction projects; projects under special public investment projects; projects under investment projects with special investment procedures; temporary construction projects as prescribed; construction projects in areas of land used for national defense and security purposes as prescribed by land law;

Public investment projects are those whose investment and construction are decided by the Prime Minister, the heads of central agencies of political organizations, the Supreme People's Procuracy , the Supreme People's Court, the State Audit Office, the Office of the President, the Office of the National Assembly, ministries, ministerial-level agencies, government agencies, central agencies of the Vietnam Fatherland Front and socio-political organizations, and the Chairpersons of People's Committees at all levels;

Construction projects located in the territory of two or more provincial-level administrative units; linear construction projects outside urban areas that conform to planning under the law on urban and rural planning or specialized technical planning approved by competent state agencies or whose route plan has been approved by competent agencies.

Exemption from building permit requirement for single-family houses (level 4, under 7 stories) in rural areas.

Offshore structures belonging to offshore construction investment projects for which competent authorities have allocated sea areas for project implementation; airports, airport facilities, and facilities ensuring flight operations outside airports;

Advertising structures that are not subject to construction permit requirements under the law on advertising; passive telecommunications infrastructure;

The construction works under the investment project have had their feasibility study report appraised by the specialized construction agency and have been approved in accordance with regulations;

Construction projects classified as level 4, individual houses with a scale of less than 7 floors, invested in and built in rural areas that have been identified in the general planning and do not have architectural management regulations or do not fall under the cases requiring detailed planning according to the law on urban and rural planning;

Repair and renovation work inside or outside a building that does not adjoin a road in an urban area is subject to architectural management requirements as stipulated by the competent state authority.

Repair and renovation work must not alter the intended use of the building, affect the structural safety of the building, conform to the approved urban and rural planning laws, and ensure compliance with fire safety and environmental protection requirements.

Presenting the report on the review of construction permit content, the Chairman of the National Assembly's Committee on Science, Technology and Environment, Nguyen Thanh Hai, said that some opinions suggest that permits are not "barriers" but rather tools to protect rights and social order; the issue lies in the quality and process of granting permits.

Therefore, it is necessary to simplify the process, clearly define responsibilities and processing deadlines, and make information public so that citizens and businesses can monitor it.

In addition, according to Ms. Hai, while exempting construction permits reduces procedures, it is necessary to improve legal regulations in the Construction Law or the Land Law to ensure property rights on the land.

"In addition, it is necessary to supplement the mechanism for handling violations for projects that have been licensed but are constructed contrary to the design, have altered the function, or violate regulations, ensuring consistency and clear responsibilities among the relevant parties," Ms. Hai emphasized.

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TIEN LONG

Source: https://tuoitre.vn/trinh-luat-mo-rong-doi-tuong-mien-cap-giay-phep-xay-dung-20251104093711823.htm