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The general condition for granting a construction permit with a term is to be in an area with planning according to the law on urban and rural planning that has been approved and announced by a competent state agency but has not yet been implemented and there is no land recovery decision from a competent state agency. Mr. Tran Tan Phat (HCMC) applied for a construction permit but received a response from the locality, the 1/2000 scale subdivision planning project at Ho Chi Minh City has now expired under the Law on Urban and Rural Planning in 2024 and the General Planning project of Ho Chi Minh City to 2040, vision to 2060 approved by the Prime Minister in Decision No. 1125/QD-TTg dated June 11, 2025 has not specifically identified urban and rural areas, so there is no basis to issue construction permits. Pursuant to Article 94 of the Construction Law built in 2014 (amended and supplemented in Clauses 32 and 33, Article 1 of Law No. 62/2020/QH14 and Points k and l, Clause 1, Article 57 of the Law on Urban and Rural Planning 2024), Mr. Phat found that his case was eligible to issue a construction permit for a period of time. However, on December 22, 2025, the City Peoples Committee issued Decision No. 29/2025/QD-UBND on decentralization of authority to issue construction permits; regulations on the scale and duration of construction projects granted with a time-limited construction permit in Ho Chi Minh City, in which, Article 3 only regulates the construction scale and existence duration of works granted a construction permit with a term General City. Therefore, the Commune Peoples Committee has no basis to resolve the application for a construction permit for Mr. Phat. Mr. Phat asked, in this case, what regulations will be based on the construction permit, or will he have to wait until Ho Chi Minh City completes the zoning plans? The Department of Economics - Construction Investment Management, Ministry of Construction answered this issue as follows: According to the provisions in Point a, Clause 1, Article 94 of the 2014 Construction Law (amended and supplemented according to stipulated in Clause 33, Article 1 of Law No. 62/2020/QH14, Point k, Clause 1, Article 57 of the Law on Urban and Rural Planning 2024), general conditions for granting a construction permit with a term: Belonging to an area with planning according to the law on urban and rural planning that has been approved and announced by a competent state agency but has not yet been implemented and there is no land recovery decision from a competent state agency. Due to For your specific case, please contact the local state agency competent in planning and issuance of construction permits for specific instructions.Chinhphu.vnSee moreIf you cant contact the old owner, can you change the name on the construction permit?See moreCases where you do not have to apply for a construction permit See moreProjects that are exempt from construction permits from 2026See moreBuilding individual houses, when will they be exempted? construction permit?See moreIssuing ownership of houses on land based on current status 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 moreProposed amendments to regulations on granting construction permitsSee moreDetermining areas exempt from construction permits
