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In Ho Chi Minh City, there are many roads and alleys that have not had the conditions to expand, so the number of houses on the street and alley is quite large. If a construction permit is not issued within a certain period of time, it will affect the rights and lives of many households. Mr. Tran Thanh Tungs house (HCMC) was built in 1967, with brick walls and a corrugated iron roof, and is now seriously degraded: the houses walls are tilted and cracked and are at risk of collapsing. When Mr. Tung contacted the Ward Peoples Committee to apply for a construction permit, he was told that the house was stuck in road expansion planning, and the area after subtracting the street boundary of his house was not enough. new construction area. The Ward Peoples Committee only agreed to allow Mr. Tung to repair items such as replacing corrugated iron and paving the floor. Because his house was built a long time ago, many parts were rotten, so it was difficult to repair. If he dismantled it and repaired it, the risk of collapse was very high. The road boundary planning has been implemented since 1995. Although the State has no plan to expand the road, the authorities also refused to grant him a construction permit for a period of time. Mr. Tung also knew that in Ho Chi Minh City, there was a construction permit. Many roads and alleys have not had the conditions to expand, so the number of houses on the road and alley is quite large. If a construction permit is not issued for a period of time, it will affect the rights and lives of many households like him. Mr. Tung requested the authorities to have specific instructions on applying for a construction permit to repair and build houses in the above cases. The Ministry of Construction responded to 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 the provisions of Clause 33, Article 1 of Law No. 62/2020/QH14), general conditions for granting construction permits: a) Belonging to an area with construction zoning planning, functional area construction subdivision planning or detailed planning, detailed functional area construction 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; b) In accordance with the scale of the project prescribed by the Provincial Peoples Committee for each area. and the duration of existence of the project according to the plan for implementing construction zoning planning, functional area construction zoning planning or detailed planning, detailed functional area construction planning approved by a competent state agency;. At the same time, according to the provisions of Clause 3, Article 94 and Point b, Clause 1, Article 93 of this Law, construction works that are granted a construction permit for a term must meet the conditions of ensuring safety for the construction and neighboring works. and requirements for environmental protection and fire and explosion prevention. Therefore, if your house meets the above regulations, it will be eligible for a construction permit for a limited period of time (competent state agencies do not have the right to refuse to grant it). If further clarification is needed, please study the legal regulations and instructions above, contact the local construction licensing authority for guidance.Chinhphu.vnSee more Cases where you do not have to apply for a construction permit. See moreConstructions that are exempt from construction permits from 2026See moreBuilding individual houses, when are they exempt from construction permits?See moreResponse to inadequate petitions for construction projects exempted from construction permitsSee moreWhat business-purpose projects are allowed to be built in the park?See moreWhat projects are exempt from construction permits from July 1?See moreProjects that are exempt from construction permitsSee moreProposed corrections Change regulations on granting construction permits
