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Ms. Huynh Thi Kim Phuongs house (HCMC) is located in part of a road project, the remaining area is 24.9 m2. She wants to apply to build the remaining area after clearing and handing over the site to the project. Because the remaining area is small, Ms. Phuongs family wants to build a ground floor and 1 floor to have enough living space for the family. She asked, is her family exempt from a construction permit according to the regulations of the Ministry of Construction? The house has a Certificate. The Ministry of Construction responded to this issue as follows: The provisions on cases exempted from construction permits are as prescribed in Clause 2, Article 43 of the Construction Law 2025 (this clause takes effect from January 1, 2026): 2. Before starting construction, the investor must have a construction permit except in the following cases: a) State secret works; emergency construction works Urgent and emergency works; works under special public investment projects; works under special investment procedures; temporary construction works according to the provisions of this Law; works built in land areas used for national defense and security purposes according to the provisions of land law; State, Office of the President, Office of the National Assembly, Ministries, ministerial-level agencies, Government agencies, central agencies of the Vietnam Fatherland Front and socio-political organizations, Presidents of Peoples Committees at all levels decide on construction investment; has been approved by a competent state agency or the route plan has been approved by a competent agency; d) Works on the sea that are part of offshore construction investment projects that have been assigned sea areas by competent authorities to implement the project; airports, works at airports, works to ensure flight operations outside airports; d) Advertising works that are not subject to construction permits according to the provisions of law on advertising; passive telecommunications technical infrastructure works; e) Public works The construction process of a construction investment project has been appraised by a specialized construction agency, the Feasibility Study Report, the Adjusted Feasibility Study Report and has been approved according to regulations; g) Level IV construction works, individual housing projects with a scale of less than 07 floors with a total construction floor area of less than 500 m2 and not in one of the areas: functional areas, urban development areas identified in the general planning of the city; rural areas, urban development areas identified in the general urban planning of the province, the city, the general planning of economic zones, national tourist areas; construction areas identified in the general planning of communes; areas with architectural management regulations; h) Repair and renovation works inside the building or exterior repair and renovation works that are not adjacent to urban roads with requirements on architectural management according to regulations of competent state agencies; The renovation does not change the purpose and function of use, does not affect the safety of the structures load-bearing structure, ensures the requirements of fire prevention and fighting, environmental protection, and the ability to connect technical infrastructure. Ms. Phuong is requested to research and apply, in case of necessity, contact the local authority competent to issue construction permits for specific instructions.Chinhphu.vnSee more Projects that are exempt from construction permits from 2026See moreBuilding individual houses, when are they exempted from construction permits?See moreIssuing ownership of houses on land according to the status quo or construction permit?See moreWhat projects are exempt from construction permits from July 1?See moreProjects that are exempt from construction permitsSee moreWhat projects are exempt from construction permits?See moreDo repairing level IV houses require a construction permit?See moreHCMC towards piloting construction permit exemption for people
