HÀ NỘI ( WNAM MONITORING) The proposal to exempt construction permits for individual houses under seven floors in urban areas, raised in the draft amendment of the Construction Law, is attracting significant attention from the public and experts.
This change is expected to substantially reduce administrative procedures but also poses challenges in managing construction orders where the planning framework is not yet complete.
At a recent discussion session during the 10th plenary of the 15th National Assembly, deputy Đinh Ngọc Minh stated that the draft amended Construction Law, which only exempts construction permits for houses under seven floors in rural areas, does not reflect actual conditions.
He said urban residents also face many costs and procedures, while planning information is increasingly transparent. Expanding the permit exemption to urban areas, together with a unified set of technical standards issued by the Ministry of Construction, would help shorten timelines and significantly reduce costs for citizens.
Minh argued that the current construction investment process includes many repetitive appraisal steps. Once a project has passed pre-feasibility studies, feasibility studies and technical design assessments, requiring another permit is unreasonable. This reform also aligns with the Government’s directives.
Prime Minister Phạm Minh Chính has consistently emphasised reducing administrative procedures, especially for projects that already have detailed planning or urban design. The Ministry of Construction has been instructed to summarise pilot experiences and propose expanded implementation within the year.
Legal experts note that if applied under the right conditions, removing permit requirements could create major benefits for both citizens and management agencies.
At present, applying for a construction permit typically takes three to four months. Documents often need to be revised multiple times, increasing consulting costs and delaying construction plans.
Without the need for a permit, people could begin construction immediately after completing design documents and complying with planning standards.
This reform would also reduce pressure on management agencies. Instead of processing tens of thousands of permit applications each year, they could focus on on-site inspections and addressing major violations.
In the context of Việt Nam’s transition toward digital urban governance, Chairman of the HCM City Real Estate Association (HoREA) Lê Hoàng Châu said that in many developed countries, people simply access planning data to design and build houses in accordance with permitted standards.
As Việt Nam moves toward digital government, reducing procedural intervention and increasing reliance on data is seen as an inevitable trend, according to Châu.
Risks
However, planning and legal experts warn that overly rapid implementation could lead to serious problems, especially given the numerous gaps in 1/500-scale planning across urban areas.
According to lawyer Phạm Thanh Tuấn, in many major cities, only some streets have 1/500 detailed planning. Without detailed planning as a foundation, allowing people to build based on their own interpretation could easily result in violations.
Trần Ngọc Chính, chairman of the Vietnam Urban Planning and Development Association, said that 1/500 planning includes the most important indicators such as density, height, setbacks and even basement regulations.
“If planning exists, the permit becomes unnecessary but if planning does not exist, the permit cannot be removed,” he said.
Concerns also extend to potentially rising violations in narrow residential areas. Việt Nam’s urban areas often consist of small and irregular land plots.
Without the existing verification step, people may be unable to determine required setbacks or technical standards. When violations occur deep inside alleys, inspection, enforcement and remediation become extremely complicated.
Protecting the rights of neighbouring households is another issue that requires careful consideration. Deputy Minister of Construction Nguyễn Danh Huy previously stated that when permits are abolished, the biggest challenge is ensuring that new construction does not block or encroach on neighbouring properties or cause safety risks.
Đào Ngọc Nghiêm, deputy chairman of the Vietnam Urban Planning and Development Association, said that abolishing permits will require local authorities to closely monitor construction from the outset. People would still need to submit construction notices. This means the monitoring apparatus must have sufficient resources and clearer regulations.
Property data
Experts agree that the core issue is not simply whether to abolish or retain construction permits, but whether there is a clear and comprehensive data and planning system capable of replacing the current pre-inspection process.
To address this, lawyer Tuấn proposed accelerating planning digitalisation, integrating land, architectural and construction indicators into an online system and applying technology in checking planning and urban design at the online platform.
With such tools, people would only need to fill in their land plot information on the platform to learn how many floors or what density they are permitted to build.
Management processes should also shift to a smart post-inspection model, focusing on high-risk areas instead of conducting widespread inspections.
Many experts agree that if Việt Nam intends to implement permit exemptions on a large scale, it must accelerate completion of 1/500 detailed planning and urban design. This is both costly and complex, especially in existing neighbourhoods with many small land lots.
Therefore, Châu from HoREA suggested socialising planning work and prioritising areas with high construction demand.
A more suitable roadmap would involve step-by-step implementation. The first phase could exempt permits in areas with detailed planning or urban design. The next phase could expand to areas with updated planning, while simultaneously completing open data systems for easy public access.
The Government has emphasised the common goal of creating the most favourable conditions for people and businesses while still ensuring safety and construction order. The ministry now reviews all regulations, assessing the impact of abolishing permits, and plans to streamline procedures by 2025.
A step-by-step roadmap, accompanied by planning completion and technology application, is considered the most feasible solution to ensure that this policy brings real benefits to people while maintaining urban discipline.
