Short answer: an “official construction permit” is not a statutory term — it is simply the colloquial name for a new construction permit (point a, clause 1, Article 43 of the Construction Law 135/2025/QH15, effective from 01/7/2026). The law recognizes only three categories of construction permits: new, repair/renovation/relocation, and term (limited-duration). The core difference: a term construction permit is exempt from the master-plan conformity condition but requires a commitment to self-demolish the works upon expiry.
1. Quick comparison table
| Criterion | New construction permit (“official” — colloquial) | Term construction permit |
|---|---|---|
| Legal basis | Point a, clause 1, Article 43 of the Construction Law 2025 | Point c, clause 1, Article 43 of the Construction Law 2025 |
| Master-plan condition | MUST conform to the master plan | EXEMPT (areas with a published but not-yet-implemented plan, land not yet recovered) |
| Duration of existence | No duration stated | Duration stated; provincial People’s Committee sets the specifics |
| Obligation upon expiry | None | Commitment to self-demolish; forced demolition if not complied with |
| Issuing authority | Under Article 53 of Decree 217/2026/ND-CP | Identical — same Article 53 of Decree 217/2026/ND-CP |
| Processing time | 07 days (individual houses) / 10 days | Identical |
2. Analysis of each difference
Legal basis: three categories of construction permits
Clause 1, Article 43 of the Construction Law 135/2025/QH15 provides for three categories of construction permits: (a) new construction permits, (b) permits for repair, renovation or relocation, and (c) term construction permits. The law never uses the phrase “official construction permit”. When someone says “official permit”, they mean category (a) — a new permit for works conforming to the master plan and permitted to exist permanently.
Master-plan condition: the biggest difference
Article 44 of the Construction Law 2025 sets the conditions for permit issuance, with clause 2 dedicated to term construction permits. A new permit requires the works to conform to the published master plan. A term permit exists precisely to resolve the deadlock: areas with a published plan that is not yet implemented and where land has not been recovered — landowners may still build while waiting for plan implementation, but the works may only exist for the duration stated on the permit.
Duration of existence and the self-demolition commitment
A new construction permit states no duration — the works exist permanently. A term permit must state its duration of existence; the specific duration is set by the provincial People’s Committee. In return, the investor must commit to demolishing the works upon expiry; failure to self-demolish leads to forced demolition under Article 52 of Decree 217/2026/ND-CP.
Issuing authority and processing time: identical
The two permit types do not differ in issuing authority — both follow Article 53 of Decree 217/2026/ND-CP (effective from 01/7/2026). Processing times are also identical: 07 working days for individual houses and 10 days for other works, under Article 54 of Decree 217/2026/ND-CP.
3. Practical notes
- Outdated-law trap: the Construction Law 50/2014 ceased to be effective on 01/7/2026; Decree 175/2024/ND-CP has been entirely replaced by Decree 217/2026/ND-CP (issued 19/6/2026, effective 01/7/2026). Any dossiers or templates still citing the 2014 Law or Decree 175/2024 are outdated — verify against the Construction Law 135/2025 and Decree 217/2026.
- Do not write “maximum 05 years”: the 05-year cap was a rule of the 2014 Law. Under the 2025 Construction Law, the duration of a term permit is set specifically by the provincial People’s Committee — do not apply the old figure to new dossiers.
- Building without or off permit: subject to administrative sanctions under Decree 339/2026/ND-CP on construction violations (Article 25). Specific fine levels depend on the act and should be checked against the current text before application.
- Before applying for a term permit, confirm the land genuinely falls in the “published plan, not yet implemented, land not yet recovered” category — land already subject to a recovery decision does not qualify.
4. Conclusion
An “official construction permit” is only the colloquial name for a new construction permit — the permit for master-plan-conforming, permanent works. A term construction permit is the solution for areas with suspended plans: exempt from the master-plan conformity condition, in exchange for accepting a limited duration and a self-demolition commitment upon expiry. Choosing the right type from the start avoids returned dossiers and the risk of forced demolition later.
Need a construction permit? FLAT Law Firm advises on eligibility for new and term construction permits, prepares dossiers and follows procedures under the 2025 Construction Law and Decree 217/2026. Contact us at contact us.
Information in this article is for general reference under the laws in force at the time of writing (14/10/2026) and is not legal advice for any specific case.
Transparency note: This article was drafted by FLAT Law Firm’s AI content production system and has passed the AI content review council (AI Legal Council QA). It has not been reviewed by a human lawyer.
