Many investors building factories in Vietnam mistakenly believe a single “permit” is enough: once the construction permit is obtained, all procedures are done — or conversely, that a fire prevention document removes the need for a construction permit. In reality, these are two independent, parallel procedures that do not substitute for each other. This confusion can lead to suspended construction, refusal of operational acceptance, and administrative penalties.
Terminology first: “fire safety appraisal” under the old decrees is outdated
Terminology must be aligned first. The old term used under Decree 136/2020/ND-CP — now expired — is no longer current. Under the Law on Fire Prevention, Firefighting and Rescue 55/2024/QH15 (effective 01/7/2025), the current terms are:
- “Fire prevention and firefighting design appraisal” — review and assessment of a project fire safety design before construction (clause 17 Article 2; Article 17 of Law 55/2024);
- “Fire prevention and firefighting acceptance” — inspection confirming the project was built in line with the appraised fire safety design, before commissioning (Article 18).
Construction permit vs fire safety design appraisal/acceptance
| Criterion | Construction permit | Fire safety appraisal / acceptance |
|---|---|---|
| Purpose | Authorizes the investor to commence construction per the approved design | Ensures the project meets fire safety requirements in design and construction |
| Governing law | Construction Law 135/2025/QH15 (effective 01/7/2026); Decree 217/2026/ND-CP (issued 19/6/2026, effective 01/7/2026, fully replacing Decree 175/2024/ND-CP) | Law on Fire Prevention, Firefighting and Rescue 55/2024/QH15; Decree 105/2025/ND-CP (amended by Decree 347/2026/ND-CP, effective 15/9/2026) |
| Competent authority | Construction management authority by competence (Article 53 Law 135/2025): commune-level People Committees — grade III/IV works and detached houses; Industrial/Export Processing/High-Tech/Economic Zone Management Boards — works inside zones (factories in industrial parks licensed by the zone board); Departments of Construction — remaining works | Specialized construction agencies (integrated from 01/7/2026 — see below) and the Public Security for cases under Appendix III of Decree 105/2025 |
| Timing in project life | Before construction commencement (except exempted cases) | Design appraisal: before construction; acceptance: before commissioning |
| Consequence of absence | Unlicensed/non-compliant construction: administrative penalties under Decree 339/2026/ND-CP (replacing Decree 16/2022/ND-CP) | Constructing without the fire safety design appraisal document is a violation; commissioning a factory without the fire safety acceptance approval is a violation (penalties under Decree 106/2025/ND-CP) |
Key note: the integration mechanism from 01/7/2026
From 01/7/2026, fire safety design appraisal by specialized construction agencies is integrated into the appraisal of the construction investment feasibility study report. The Public Security conducts appraisal only for cases under Appendix III of Decree 105/2025/ND-CP. Investors must correctly identify which category their project falls into to file with the right authority and avoid wasted time.
On construction permits, Construction Law 135/2025 and Decree 217/2026 regulate permits in Articles 49–67, of which factory investors should master three groups: grant conditions (Article 50), licensing authority (Article 53 — as in the table above) and sequence and processing time (Article 54: 07 or 10 working days depending on the case; 09 days for permit adjustment; 05 days for extension/re-issuance).
Exemption from construction permits does not mean exemption from fire safety appraisal
Construction Law 135/2025 lists 8 groups of works exempt from construction permits (Article 43). However, permit exemption does not mean exemption from fire safety design appraisal: works subject to fire safety design appraisal must still complete that procedure. This is one of the costliest confusions — investors finish building only to discover the factory cannot be accepted for operation for lack of fire safety documents.
4 common mistakes factory investors make
- Assuming the construction permit is enough, skipping fire safety appraisal: two independent procedures — a construction permit does not substitute the fire safety design appraisal document, and vice versa.
- Assuming permit exemption means fire safety exemption: works exempt from construction permits must still undergo fire safety appraisal if subject to it.
- Constructing before obtaining the fire safety design appraisal document: the law requires investors and project owners to organize construction only after obtaining the fire safety design appraisal document from the specialized management agency.
- Commissioning the factory before the fire safety acceptance approval: projects must pass fire safety acceptance before operation; violations are penalized under Decree 106/2025/ND-CP.
Conclusion
Construction permits and fire safety appraisal/acceptance are two parallel, independent procedures that do not substitute for each other in a factory project life cycle. From 01/7/2026, the integration of fire safety appraisal into the specialized construction agency appraisal streamlines the process, but does not remove the investor obligations. Mastering the licensing authority (Article 53) and timelines (Article 54) for construction permits under Construction Law 135/2025, and fully complying with the fire safety appraisal–acceptance sequence under Law 55/2024, is how to bring a factory into operation on schedule and in compliance.
Legal sources
- Construction Law 135/2025/QH15 (effective 01/7/2026, replacing Law 50/2014/QH14): Article 43; Articles 49–67 (conditions — Article 50; authority — Article 53; sequence and timelines — Article 54).
- Decree 217/2026/ND-CP on construction activity management (issued 19/6/2026, effective 01/7/2026, fully replacing Decree 175/2024/ND-CP).
- Law on Fire Prevention, Firefighting and Rescue 55/2024/QH15 (effective 01/7/2025): clause 17 Article 2; Article 17; Article 18.
- Decree 105/2025/ND-CP guiding the Law on Fire Prevention, Firefighting and Rescue (amended by Decree 347/2026/ND-CP, effective 15/9/2026).
- Decree 106/2025/ND-CP on administrative penalties for fire prevention, firefighting and rescue.
- Decree 339/2026/ND-CP on administrative penalties for construction, housing and real estate business (effective 26/8/2026, replacing Decree 16/2022/ND-CP).
Is your company preparing to build a factory in Vietnam? Reach us via the Contact page of FLAT Law Firm for support with construction permits, fire safety design appraisal and acceptance, and bringing your factory into operation on schedule and in full legal compliance.
The legal content of this article is reviewed by FLAT’s AI Legal Council and submitted to the owner for approval; it is not an opinion of a licensed lawyer and does not replace legal advice for specific cases.
For reference only, not legal advice.