“Do I need a permit to build?” — from 2026, the answer depends on Clauses 2 and 3 of Article 43 of the 2025 Construction Law (Law No. 135/2025/QH15), effective early from 01/01/2026 — six months before the rest of the Law. The permit-exemption list is expanded to 8 groups, but “exempt” does not mean “nothing to do”.
This article systematizes all exemption cases under the new Law, helping investors determine their obligations before breaking ground.
1. General framework: 3 types of construction permits
Before the exemptions, note that the 2025 Law provides 3 permit types: (i) new construction permits; (ii) repair, renovation and relocation permits; (iii) definite-term permits (for works in areas with approved but not-yet-implemented planning). The general rule: before breaking ground, the investor must hold a construction permit, except for the following exempt cases.
2. Eight groups exempt from construction permits
Group 1 — Security and emergency works: state secret works; urgent and emergency construction; special public investment projects; projects under special investment procedures; temporary works; works on national defense and security land.
Group 2 — Public investment projects: works under public investment projects decided by the Prime Minister, heads of central agencies, Ministers, Chairpersons of People’s Committees at all levels, etc.
Group 3 — Linear works: linear construction works spanning two or more provincial administrative units; linear works outside urban development-oriented areas (per approved planning or approved route plans).
Group 4 — Offshore and aviation works: offshore works under offshore construction investment projects already allocated sea areas; airports, works at airports and works ensuring flight operations.
Group 5 — Advertising and telecom: advertising works not subject to permits under advertising law; passive telecommunications technical infrastructure.
Group 6 — Feasibility study appraised: works under construction investment projects whose feasibility study reports (or adjusted reports) have been appraised by specialized construction agencies and approved — each project subject to only one control procedure before groundbreaking.
Group 7 — Grade-4 and individual houses: grade-4 works and individual houses under 7 stories, with total floor area under 500 m², and not located in regulated areas: functional zones, urban development areas in master plans, or areas with architectural management regulations.
Group 8 — Minor repairs and renovations: interior repairs/renovations; exterior repairs/renovations not adjacent to urban roads subject to architectural management requirements — provided there is no change in purpose or function, no impact on load-bearing structural safety, and fire protection, environmental and technical infrastructure connection requirements are met.
3. “Exempt” still requires a commencement notice
A point many investors miss: works exempt from construction permits must still send a commencement notice to the competent local state construction authority (per provincial People’s Committee decentralization) before breaking ground — except for state secret works, urgent/emergency works, temporary works, and individual houses of households or individuals. The notice enables authorities to monitor and conduct post-inspection.
4. Transitional rules for works with old permits
Under Clause 3 of Article 95 (effective 01/01/2026): works already permitted under the 2014 Construction Law but now exempt under the 2025 Law need no permit adjustment when designs change. Works exempt under the 2014 Law and eligible to break ground before 01/01/2026 remain exempt.
5. Common mistakes to avoid
- Reading “exempt” as “no procedure at all”: a commencement notice is still required (except the excluded cases above);
- Assuming all individual houses are exempt: exemption requires simultaneously under 7 stories, under 500 m² of floor area, and outside regulated areas — houses in areas with architectural management regulations still need permits;
- “Minor” renovations that change function: changing purpose or function removes the exemption;
- Wrong effective date: exemptions apply from 01/01/2026, not 01/7/2026.
Frequently asked questions
Q: Does building a grade-4 house in a rural area need a permit?
A: If it is a grade-4 work (or an individual house under 7 stories and 500 m² of floor area) and not in a regulated area (functional zones, urban development areas, areas with architectural management regulations, etc.), it is exempt under Group 7.
Q: Does repairing a house or replacing a corrugated roof need a permit?
A: Interior repairs or exterior repairs not adjacent to urban roads with architectural management requirements — without changing purpose or function and without affecting load-bearing structures — are exempt (Group 8).
Q: If exempt, can construction start immediately?
A: Not yet. Except for special cases (state secrets, emergencies, temporary works, individual houses of households/individuals), the investor must still send a commencement notice to the state construction authority before breaking ground.
Unsure whether your work qualifies for permit exemption? Contact us for advice.
This article was prepared by the FLAW AI Legal Council. Content is pending QA Council review before submission for approval; information is for reference only and does not replace legal advice for your specific case.