A construction permit for a semiconductor or EV battery plant is issued under the general procedure of the Law on Construction and Decree 175/2024/ND-CP, but the file is examined at two special layers: the fire protection design must be appraised by the Fire Prevention and Fighting Police under the Law on Fire Prevention and Fighting 55/2024/QH15 (lithium battery plants are in the tightly managed fire-risk group), and the cleanroom design must meet cleanliness classes under ISO 14644-1, appraised within the construction design file itself. In other words, there is no separate “cleanroom permit” — it is a technology requirement proven through the design drawings and explanations; while fire protection is a separate approval gate, without which construction may not start and acceptance cannot be completed.
Legal basis
- Law on Construction and Decree 175/2024/ND-CP: an industrial plant work is subject to a construction permit before commencement; the provincial specialised construction authority (Department of Construction) issues permits for grade-I and special-grade works in its locality; the permit file includes the appraised and approved construction design and related specialised approvals.
- Law on Fire Prevention and Fighting 55/2024/QH15 (effective 1 July 2025) and Decree 105/2025/ND-CP: projects and works on the list subject to fire protection design appraisal must obtain the appraisal document of the Fire Prevention, Fighting and Rescue Police before construction; production establishments and storage of lithium batteries, chemicals and fire/explosion-hazardous substances are in the group of fire-hazardous establishments subject to strict fire safety condition management.
- National technical regulation QCVN 06:2022/BXD on fire safety for buildings and works: requirements on fire-resistant structures, fire safety distances, escape routes, fire alarm and automatic extinguishing systems applied in design and appraisal — for an EV battery plant, cell storage areas, charging/discharging and electrolyte chemicals are the focus of risk assessment.
- ISO 14644-1 on classification of air cleanliness by particle concentration (Class 5 to Class 8 commonly applied to areas of semiconductor and battery assembly plants) and the corresponding Vietnamese standards: the technical basis for preparing and appraising cleanroom design (pressure differentials, HEPA/ULPA filtration, temperature, humidity and static control), forming part of the construction design file, not a separate licence.
- Decree 207/2026/ND-CP: before hand-over for use, the work must pass completion acceptance, including fire protection acceptance by the Police authority for works subject to design appraisal.
Special fire protection for battery plants: the difference lies in design, not in the permit step
The fire risk of a lithium battery plant concentrates on thermal runaway of cells and flammable electrolyte solvents. In design appraisal under Decree 105/2025/ND-CP, the Fire Police assess: fire compartmentation and fire-spread prevention between battery storage, production and chemical areas; specialised early fire detection for battery stores; automatic extinguishing systems suited to lithium material fire behaviour (continuous water cooling rather than mere oxygen isolation); safety distances to neighbouring works; and the on-site fire force plan. Without the design appraisal document, the construction permit file is treated as incomplete and the work cannot pass fire acceptance on completion.
A common mistake is designing the plant to foreign standards (NFPA) and only then “Vietnamising” the file: Vietnamese law recognises design results under foreign standards insofar as they do not conflict with QCVN 06:2022/BXD and are accepted by the appraisal authority — investors should put the fire appraisal requirements into the design consultants scope from the basic design stage, instead of handling them at the construction permit step.
Cleanrooms and the cost of meeting the standards
On cleanrooms: the cleanliness class is chosen by production technology (wafer production areas require far higher classes than battery packaging areas), and must be shown in the design explanations, HVAC drawings, finishing materials and the post-construction cleanliness measurement acceptance process. The design appraisal authority assesses the solutions conformity with the standards committed in the file, while maintaining the class in operation afterwards is the investors technical responsibility towards its own customers, not a subject of routine administrative supervision.
On cost: there is no state quota or fee schedule for “meeting cleanroom/fire standards” — these are construction and equipment investment costs. In the cost structure of a semiconductor plant, the cleanroom and process HVAC systems are usually among the largest items of the construction and M&E part; for a battery plant, the specialised fire system for battery stores and chemical areas is also a significant item. When preparing estimates, the enterprise should have the design consultant separate these two items in the total investment, instead of using the average investment rate of an ordinary industrial plant — the most common origin of cost overruns in this project group.
Frequently asked questions
What special cleanroom and fire-safety requirements apply to a construction permit for a semiconductor or EV battery plant?
Two special layers on top of the ordinary construction permit under Decree 175/2024/ND-CP: (1) fire protection — the design must be appraised by the Fire Prevention and Fighting Police under the Law on Fire Prevention and Fighting 55/2024/QH15 and Decree 105/2025/ND-CP because battery/semiconductor plants are in the fire and explosion hazardous establishment group; (2) cleanroom — the design must achieve the ISO 14644-1 cleanliness class fitting the technology and is appraised within the construction design file. Without the fire appraisal document, the construction permit file is incomplete.
How are cleanroom standards classified?
Cleanrooms are classified under ISO 14644-1 by airborne particle concentration, from Class 1 (cleanest) to Class 9; semiconductor plants use very high classes (around Class 5-6) for core production areas and lower classes for auxiliary areas, while battery plants are usually around Class 7-8 for assembly areas. This is a technical standard applied to HVAC design, air filtration, finishing materials and measurement acceptance — there is no separate state-issued “cleanroom permit”.
What is special about fire protection for a battery plant?
The special point is the thermal runaway risk of lithium cells and flammable electrolyte solvents: design appraisal under Decree 105/2025/ND-CP focuses on fire compartmentation for battery storage and chemical areas, early fire detection systems, automatic extinguishing with continuous cooling suited to lithium battery fire behaviour, fire safety distances under QCVN 06:2022/BXD and the on-site fire force capacity. On completion, the work must also pass fire protection acceptance before being put into use.
How much does meeting these standards cost approximately?
There is no state cost schedule. The cost has three parts: investment in the cleanroom and process HVAC systems (usually among the largest items of a semiconductor plants construction and M&E part); investment in the specialised fire system for battery stores/chemical areas; and design, appraisal, acceptance and cleanliness certification measurement costs. Specific figures can only be determined through each projects design and estimate — the enterprise should not use ordinary industrial plant investment rates for these two project groups.
This article has been quality-reviewed by the FLAW AI Legal Council