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Need to announce locations where construction permits are not granted

The Provincial People's Committee has assigned the Department of Construction to conduct research to soon announce pilot locations exempted from construction permits in the province.

Báo Đồng NaiBáo Đồng Nai18/06/2025

Dong Nai is reviewing to pilot the exemption of construction permits in some locations in the province. In the photo: Buu Long Ward, Bien Hoa City is an area where many people build houses. Photo: P.Tung
Dong Nai is reviewing to pilot the exemption of construction permits in some locations in the province. In the photo: Buu Long Ward, Bien Hoa City is an area where many people build houses. Photo: P.Tung

At the same time, conduct additional reviews of locations that can be included in the pilot program of construction permit exemption, creating favorable conditions for people and businesses.

Proposal to add more subjects exempted from construction permits

At the Government's special meeting on law-making in May, Prime Minister Pham Minh Chinh directed to resolutely cut unnecessary procedures, including construction permit procedures. To realize this policy, on May 29, Prime Minister Pham Minh Chinh signed Official Dispatch No. 78/CD-TTg to the Minister of Construction and Chairmen of People's Committees of provinces and centrally-run cities to focus on cutting and simplifying administrative procedures in the construction sector. In this dispatch, the Prime Minister requested the Minister of Construction to cut down construction permit procedures for construction works under construction investment projects with detailed planning at a scale of 1/500 or works in areas with approved urban designs.

According to Vice Chairman of the Provincial People's Committee Ho Van Ha, after the Prime Minister assigned ministries, branches and localities to study the reduction of administrative procedures in the construction sector, including the issuance of construction permits, the Provincial People's Committee assigned the Department of Construction to study pilot locations that can be exempted from construction permits.

On June 12, 2025, the Government issued Decree No. 140/2025/ND-CP stipulating the division of authority between two levels of local authorities in the field of state management of the Ministry of Construction. Accordingly, the authority to grant construction permits as prescribed in Clauses 2 and 3, Article 103 of the 2014 Construction Law (amended and supplemented in 2020) is implemented by the People's Committees at the commune level. The order, procedures and contents related to construction permits shall comply with the provisions of the 2014 Construction Law (amended and supplemented in 2020) and Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government.

At the meeting between the Provincial People's Committee and the Department of Construction and related units on June 11, a representative of the Department of Construction said that the subjects exempted from construction permits have been clearly stipulated in Clause 2, Article 89 of the 2014 Construction Law (amended in the 2020 amended Construction Law, the 2024 Law on Urban and Rural Planning, and the 2024 Electricity Law). Accordingly, there are 10 cases exempted from construction permits.

In addition, according to the task assigned by the Provincial People's Committee, the Department of Construction has reviewed and researched additional locations that can pilot exemption from construction permits. According to the representative of the Department of Construction, there is one subject that is being researched and requested for guidance from the Ministry of Construction to be exempted from construction permits, which is housing projects in areas with detailed planning.

“For this subject, previously, the Ministry of Construction only provided guidance on exemption from construction permits for projects carried out by investors. Meanwhile, for locations where land use rights are transferred, resettlement areas require construction permits. Therefore, the Department of Construction will ask for further guidance from the Ministry of Construction,” said a representative of the Department of Construction.

According to the Department of Construction, to consider exemption from construction permits, the condition is that there must be a detailed plan or architectural management regulations, or urban design. However, the approved zoning plans in the province are still limited. Meanwhile, previously, only Bien Hoa city issued architectural management regulations. Since 2021, this regulation has expired. Currently, districts and cities in the province have not established architectural management regulations. Based on the above reality, in the initial review, the Department of Construction only asked for the Ministry of Construction's opinion on guidance on exemption from construction permits for one more subject mentioned above.

Review additional positions

According to Vice Chairman of the Provincial People's Committee Ho Van Ha, in addition to the need to plan the time to announce locations exempted from construction permits for locations that comply with regulations in the province, the Department of Construction needs to research and propose additional locations.

Dong Nai is reviewing to pilot the exemption of construction permits in some locations in the province. In the photo: A residential project in Buu Long ward, Bien Hoa city. Photo: PHAM TUNG
Dong Nai is reviewing to pilot the exemption of construction permits in some locations in the province. In the photo: A residential project in Buu Long ward, Bien Hoa city. Photo: PHAM TUNG

To do this, the Department of Construction needs to review the detailed 1/500 plans in the province, residential projects that have 1/500 plans; at the same time, contact and work with the Ministry of Construction to get guidance and advise the Provincial People's Committee to expand the locations exempted from construction permits.

"Moving towards areas with zoning plans and general planning for new rural construction at the commune level to exempt people from construction permits" - Vice Chairman of the Provincial People's Committee Ho Van Ha suggested.

Vice Chairman of the Provincial People's Committee Ho Van Ha requested the Department of Construction to study areas where 1/500 planning can be implemented in Bien Hoa city and Long Khanh city to proceed with exempting construction permits for these areas.

"It is necessary to review and study further to implement after July 1" - Vice Chairman of the Provincial People's Committee Ho Van Ha requested.

Pham Tung

Source: https://baodongnai.com.vn/kinh-te/202506/can-cong-bo-cac-vi-tri-bo-cap-phep-xay-dung-0ea1109/


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