Construction Commencement Conditions from July 1, 2026

Construction commencement conditions, set important requirements to ensure construction order, safety, and the legitimate rights of related parties. Meeting the full conditions for commencement is not only a mandatory obligation of the investor but also a basis for limiting legal risks during construction. The following article will specifically analyze the commencement conditions under new regulations, helping organizations and individuals proactively comply and deploy projects legally.

Conditions for commencing construction projects from July 1, 2026

According to Article 48 of the Construction Law 2025, the commencement of construction works must meet the following conditions:

1. Have construction ground to hand over in whole or in part.
2. Have a Construction Permit as prescribed in Article 43 of the Construction Law 2025.
3. Have construction drawing designs of the work part, work item, or work to be commenced that have been approved.
4. The investor has concluded a construction contract with the contractor performing construction activities related to the commenced work according to the construction schedule.
5. The investor has sent a notice of commencement in writing or online (except for individual houses of households and individuals) to the local state management agency for construction.

Exceptions:

• Emergency Works: For emergency/urgent works and works belonging to special public investment projects, commencement only requires having construction ground to hand over in whole or in part.
• Works Commencing Early: For works needing early commencement under the direction of competent authorities decided by the Prime Minister, only construction ground is required.
• Individual Houses: Commencement of individual houses of households/individuals only requires a Construction Permit and construction on lawful residential land.

>>> See more: Conditions for putting existing construction projects into business

Requirements for the construction site

According to Article 49 of the Construction Law 2025, requirements for construction sites include:

1. Investor’s Responsibility: Install signage and monitoring equipment at the construction site according to the law.
2. Contractor’s Responsibility: Manage the entire construction site (unless the investor organizes management).
3. Safety & Environment: Contractors must have measures to ensure occupational safety and hygiene; safety for people and vehicles entering/exiting the site; and appropriate collection and treatment of construction waste, not adversely affecting the surrounding environment.

What are the rights, obligations, and responsibilities of the investor in the construction of a project?

Based on Article 59 of the Construction Law 2025:

1. Rights of the Investor:

• Execute construction according to the Law or hire contractors; supervise and require contractors to perform correctly.
• Suspend or terminate contracts with contractors according to the law/contract.
• Stop construction and require contractors to remedy consequences of violations regarding quality, safety, and environment.

2. Obligations and Responsibilities of the Investor:

• Select contractors suitable for the type and grade of work.
• Hand over construction ground to contractors meeting the schedule.
• Organize supervision and quality management.
• Check and approve construction measures (safety, environmental sanitation).
• Organize acceptance, payment, and settlement of the work.
• Hire consultants to inspect quality when necessary.
• Preserve project completion dossiers.
• Be responsible for the quality/origin of materials/equipment supplied by themselves.
• Compensate for damages caused by their violations.

Construction project consulting services at Long Phan Consulting

Long Phan Consulting provides comprehensive solutions to support investors and contractors in strictly complying with regulations on conditions for commencing construction works under the Construction Law 2025. With a team of experts deeply understanding construction law and practical execution, we commit to bringing peace of mind to Clients. We structure our support into the following key areas:

1. Consulting and carrying out procedures for obtaining construction permits:

• We assist our clients in reviewing and evaluating the legality of design and land documents, ensuring they fully meet the licensing requirements according to the planning regulations.
• We represent our clients in the entire process of submitting applications, working with the Department of Construction or the District People’s Committee, monitoring progress, and receiving the construction permit.
• Drafting explanatory documents and supplementary files when requested by government agencies helps shorten the time required for administrative procedures.

2. Consulting on drafting and negotiating construction contracts:

• Assisting in developing a construction contract structure that is appropriate for the project scale and ensures a reasonable allocation of risks among the parties.
• We conduct a detailed review of the terms regarding schedule, quality, penalties for violations, warranty, and force majeure circumstances to best protect our valued customers’ interests.
• Directly participate in the contract negotiation process with partners and contractors, ensuring that agreements comply with regulations.

3. Legal advice during construction and dispute resolution:

• Providing ongoing consulting services and monitoring legal compliance at construction sites regarding occupational safety, environmental hygiene, and quality management.
• Providing support in phased acceptance testing, final acceptance testing of construction projects, and carrying out procedures for project completion and granting ownership rights.

Frequently Asked Questions

Below are some frequently asked questions regarding the conditions for commencing construction projects; please refer to them:

Does the construction of a single component within a larger project require approval of the entire project’s design?

It is not mandatory to approve the entire project design immediately. According to regulations, the investor only needs to have the approved construction drawings for the specific part of the project, the project component, or the project itself to be eligible to proceed.

(Legal basis: Point c, Clause 1, Article 48 of the 2025 Construction Law.)

Is it mandatory for households building individual houses to submit a commencement notice to the state authorities?

No. The law stipulates the obligation to send a notice of commencement of construction (in writing or online) to the local state management agency for construction, applicable to project investors, but excludes (exempts) individual residential buildings of households and individuals.

(Legal basis: Point d, Clause 1, Article 48 of the 2025 Construction Law.)

Do emergency projects aimed at disaster relief need to wait for a construction permit before they can begin construction?

There is no need to wait for a construction permit. For urgent projects, the conditions for commencement are simplified to the maximum extent, only requiring the investor to meet the condition of having the construction site available for handover, either in whole or in part, to ensure timeliness.

(Legal basis: Point a, Clause 2, Article 48 of the 2025 Construction Law.)

Is the developer allowed to commence construction before 100% of the site has been handed over to the developer in a clean condition?

Permitted. The law allows flexibility in site handover. The investor can hand over the entire construction site or “parts” of it, corresponding to the scope and progress of the project, provided that construction conditions are met.

(Legal basis: Point a, Clause 1, Article 48 of the 2025 Construction Law.)

Who is primarily responsible for installing signage and surveillance cameras at the construction site?

This responsibility rests with the Investor. The Investor is obligated to install construction site signs and monitoring equipment at the construction site in accordance with legal regulations to publicly disclose information and facilitate management and supervision.

(Legal basis: Clause 1, Article 49 of the 2025 Construction Law.)

If the investor does not directly manage the construction site, who is responsible?

In cases where the investor does not organize a management structure, the responsibility for managing the entire construction site will fall to the construction contractor. The contractor must manage the site in accordance with legal regulations.

(Legal basis: Clause 2, Article 49 of the 2025 Construction Law.)

Conclusion

Careful preparation of dossiers and strict compliance with regulations on conditions for commencing construction works are key factors for smooth project operation.

Long Phan Consulting always accompanies Clients in appraising legal conditions, controlling contract risks, and handling arising obstacles. To receive professional support, please contact us immediately via hotline 1900636389.