Guide to Construction Permit Extension

A construction permit extension is a critical administrative procedure in the construction sector. When a construction permit is near its expiration date, the project owner has the right to carry out the extension procedure. This action prolongs the valid period, ensuring the construction project is executed in compliance with regulations. This article presents the essential information on the construction permit extension process for an expiring permit, helping individuals understand the rules, save time, and follow the correct legal procedure.

Conditions for a Construction Permit Extension

According to Article 99 of the Law on Construction 2014 and Article 62 of Decree 175/2024/ND-CP, the conditions are:

• Before the construction permit’s commencement validity expires, if the project has not started, the owner must apply for a construction permit extension.
• Each construction permit can be extended a maximum of two times. Each extension is for 12 months.
• If the project has not commenced after the extension period expires, the owner must submit a new application for a new construction permit.
• For projects or private houses with a temporary construction permit where the permit’s existence period has expired but the urban planning has not yet been implemented, the owner can request the licensing authority to consider extending the existence period until the planning is executed.
• The extended duration of the structure’s existence will be recorded directly on the issued temporary construction permit.

Authority for Construction Permit Extension

The recent reorganization of the local government system into two tiers (provincial and commune), eliminating the district level, has caused significant changes in the authority to issue, adjust, extend, re-issue, and revoke construction permits.

Before July 1, 2025, the authority for construction permit extension is defined in Clauses 2 and 3, Article 103 of the Law on Construction 2014 (amended in 2020):

• Provincial-level People’s Committees issue permits for projects requiring a permit within the province, excluding those under the district-level People’s Committee’s authority.
• Provincial-level People’s Committees may delegate authority to the Department of Construction, Management Boards of industrial parks, export processing zones, high-tech parks, economic zones, and district-level People’s Committees.
• District-level People’s Committees issue permits for Grade III, Grade IV projects, and private houses within their management area.

After July 1, 2025, according to Clause 1, Article 4 of Decree 140/2025/ND-CP, the authority specified in the Law on Construction 2014 will be exercised by the commune-level People’s Committee.

Therefore, under the newest regulations, the competent authority for a construction permit extension is the commune-level People’s Committee where the project is located.

Dossier Components and Submission Method

As per Clause 3, Article 62 of Decree 175/2024/ND-CP, the application dossier for a construction permit extension includes:

• An application form for a construction permit extension (Form No. 02, Appendix II, Decree 175/2024/ND-CP).
• The original issued construction permit.
• Number of dossiers: 02 sets.

According to Clauses 1 and 2, Article 7 of Decree 175/2024/ND-CP, administrative procedures are handled through the one-stop-shop mechanism.

Dossier submission can be done via one of the following methods:

• Directly at the One-Stop-Shop department.
• Through postal services.
• Online via the public service portal.

The project owner can submit the dossier directly to the commune-level People’s Committee, by mail, or online.

Note: The applicant is legally responsible for the legality, accuracy, and truthfulness of the dossier content. If submitting drawings online, they must bear a digital signature as required by law.

>>> CLICK TO DOWNLOAD: APPLICATION FORM FOR ADJUSTMENT/EXTENSION/RE-ISSUANCE OF CONSTRUCTION PERMIT See more: Service for obtaining a construction permit for private houses in HCMC

>>> See more at: Services for applying for permits to build individual houses in Ho Chi Minh City

Process for Handling a Construction Permit Extension

Article 102 of the Law on Construction 2014 (amended in 2020) outlines the process for a construction permit extension:

The project owner submits 02 dossier sets to the commune-level People’s Committee. Within 05 working days of receiving a complete and valid dossier, the licensing authority is responsible for reviewing the construction permit extension.

• If the dossier is complete and valid, the authority will review the extension.
• If the dossier is incomplete, the owner will be notified to supplement or amend it.
• If approved, the authority will grant the construction permit extension and stamp the documents. In case of refusal, a written response stating the reasons must be provided. The owner receives the extended permit directly at the submission office or by post if registered for delivery service.

Result: According to Clause 4, Article 62 of Decree 175/2024/ND-CP, the adjusted or extended permit is noted directly on the original issued construction permit or issued as an appendix.

If a project with an issued permit is partially or fully transferred, or if land use rights and attached assets are contributed as capital, or in case of a split, merger, or consolidation, the new entity inherits the construction permit without needing to apply for an adjustment.

Fees and Charges for Construction Permit Extension

Fees for a construction permit extension are stipulated in resolutions issued by local authorities, following guidance from the Ministry of Construction and the Ministry of Finance.

Below are fee examples for two major localities:

• Hanoi: The fee for a construction permit extension is 15,000 VND per extension, according to Resolution 06/2020/NQ-HĐND.
• Ho Chi Minh City: The fee for a construction permit extension is 15,000 VND per permit, according to Resolution 18/2017/NQ-HĐND.

The project owner must pay all fees before the permit is extended. Payment can be made in cash, via bank transfer, or electronically through the public service portal.

Consulting and Authorization Services for Construction Permit Extension at Long Phan Consulting Company

Long Phan Consulting Company provides comprehensive services for the construction permit extension process. Our services include:

Comprehensive Legal Consultation

• Providing detailed advice on construction permit regulations.
• Clarifying the specific application dossier components and procedural requirements.
• Guiding clients through the step-by-step implementation of the extension procedure.

Dossier Preparation and Management

• Drafting and preparing all necessary documents for the application dossier.
• Composing official letters and documents as required by competent authorities during the process.
• Ensuring all paperwork is accurate and compliant with legal standards.

Authorized Representation and Follow-up

• Acting as the client’s authorized representative to submit the dossier and monitor its progress.
• Liaising with government agencies to expedite the review process.
• Receiving and delivering the final results, providing clear explanations to the client.

With a professional and dedicated team, Long Phan Consulting Company is committed to helping clients complete their construction permit extension quickly, efficiently, and in full compliance with the law.

>>> See more at: How long is the validity period of construction permits?

Frequently Asked Questions about Construction Permit Extension

Long Phan Consulting Company provides answers to common questions regarding the construction permit extension process.

How many times can a construction permit be extended?

A construction permit can be extended a maximum of two times, with each extension lasting 12 months. If construction has not commenced after the final extension, the project owner must apply for a new construction permit. For temporary permits where the urban planning has not been implemented, the owner can request an extension until the planning is carried out. Legal basis: Article 99, Law on Construction 2014 (amended in 2020).

What information must be accurately declared in the extension application?

In the application form (Form No. 02, Appendix II, Decree 175/2024/ND-CP), the owner must accurately provide:

• Project owner’s name, personal ID/business code, and legal representative’s information (for organizations).
• Construction site details: land plot number, area, address.
• Issued construction permit details: permit number, date of issue, issuing authority.

What is the processing time?

Legally, the processing time is 5 working days (Article 102, Law on Construction 2014). However, delays can occur due to a high volume of applications or requests for additional documents. Delays can impact project timelines. Solution: After submission, actively contact the licensing authority to track progress. If there is no response after 5 working days, follow up in person or by phone to prevent the dossier from being stalled.

Can the project owner authorize another person for this procedure?

Yes. The owner can execute a legally notarized or certified power of attorney to authorize another individual or organization to submit the dossier, work with authorities, and receive the results on their behalf.

Can a construction permit extension be denied?

Yes. The licensing authority can deny an extension if the dossier is incomplete or invalid, the project violates construction regulations, or there are changes in urban planning that affect the project.

Conclusion

The construction permit extension for an expiring permit is a crucial legal procedure. Completing it on time helps avoid legal complications and ensures your project proceeds smoothly. Clients need to prepare a complete dossier, adhere to the correct procedures, and select the appropriate authority to save time and costs. For detailed consultation and expert assistance, please contact Long Phan Consulting Company at our hotline: 1900636389 for professional and dedicated service.