Construction Permits for Overseas Vietnamese Guide

Issuing Construction Permits for Overseas Vietnamese who own land in Vietnam allows them to exercise their legal right to build on their property. This ensures the structure complies with local planning, architecture, and infrastructure. This procedure not only protects the legal rights of overseas Vietnamese in real estate but also facilitates transparent and sustainable land management and property development.

Conditions for Issuing Construction Permits

According to Article 93 of the Law on Construction 2014 (amended by Clause 31, Article 1 of the Law Amending the Law on Construction 2020) and Points d, i, Clause 1, Article 51 of the Law on Urban and Rural Planning 2024, an overseas Vietnamese (Việt kiều) seeking a construction permit for a private house in an urban area must meet the following conditions:

• The project must be consistent with the land use purpose according to the approved land use plan and the architectural management regulations issued by the competent state agency.
• It must conform to the detailed planning under the law on urban and rural planning.
• The construction must ensure safety for the structure, adjacent structures, and meet requirements for environmental protection and fire prevention.
• The design of the private house must comply with the provisions of Clause 7, Article 79 of the Law on Construction 2014.
• For private houses in established urban areas or street frontages, the design must align with detailed planning, a separate urban design, or architectural management regulations.
• The project must ensure the safety of technical infrastructure and protection corridors for irrigation, dikes, energy, transport, and cultural heritage sites as prescribed by law.

Additionally, the overseas Vietnamese must prove legal ownership of the land according to Clauses 2 and 3, Article 3 of Decree 95/2024/ND-CP dated July 24, 2024:

• For overseas Vietnamese who are Vietnamese citizens, they must have a valid Vietnamese passport with an entry stamp into Vietnam at the time of establishing housing ownership as stipulated in Clause 2, Article 8 of the Law on Housing 2023.
• For overseas Vietnamese of Vietnamese origin, they must have a foreign passport or valid international travel documents and papers confirming their Vietnamese origin as regulated by the law on nationality.

Meeting these conditions is essential for a smooth application process for Construction Permits for Overseas Vietnamese. These regulations ensure the project aligns with general planning and directly relate to proving legal ownership and adhering to safety and design standards.

Issuing Authority for Construction Permits

Based on Article 4 of Decree 140/2025/ND-CP dated June 12, 2025, the competent authority to issue Construction Permits for Overseas Vietnamese for private houses is the Commune-level People’s Committee where the construction land is located. This represents a significant change in the decentralization of authority, effective from July 1, 2025, making the procedure more convenient.

Dossier for Construction Permits for Overseas Vietnamese

According to subsection 1.7, section 1, part C of the Appendix issued with Decision No. 864/QD-BXD dated June 19, 2025, the application dossier for a construction permit includes the following documents:

• An application form for a construction permit for a private house (Form No. 1, Appendix II, Decree 175/2024/ND-CP dated December 30, 2024).
• Legal land documents proving the suitability of the land use purpose and ownership for construction permit issuance, as per Article 53 of Decree 175/2024/ND-CP. This can include a Land Use Rights Certificate or other eligible papers.
• 02 sets of construction design drawings, accompanied by the results of administrative procedures related to fire prevention and fighting.
• Detailed drawings including:
  • A site plan showing the location of the structure on the land plot.
  • Floor plans, elevations, and main sections of the structure.
  • Foundation plans and sections, along with a connection diagram for external technical infrastructure systems (water supply, drainage, electricity).
• A written commitment to ensure safety for adjacent structures if the construction project has neighboring buildings.

>>> See more at: Accurate Land Planning Verification

Procedure for Issuing Construction Permits

As stipulated in subsection 1.1, section 1, part C of the Appendix issued with Decision No. 864/QD-BXD, the procedure for issuing Construction Permits for Overseas Vietnamese follows a standard 5-step process:

• Step 1: Dossier Submission The applicant submits the dossier in person, online, or via postal service to the Commune-level Public Administration Service Center where the land is located.
• Step 2: Dossier Reception and Review Within 07 working days of receiving the dossier, the competent authority will appraise the dossier and conduct a site inspection. If documents are missing or incorrect, the authority will notify the applicant in writing once to supplement the dossier.
• Step 3: Guidance for Second Supplementation If the supplemented dossier still fails to meet requirements, within 05 working days, the competent authority will provide written guidance for further completion. If the dossier remains non-compliant after this, within 03 working days, the authority will notify the applicant of the reason for not issuing the permit.
• Step 4: Soliciting Opinions The authority will send written requests for opinions to relevant state management agencies. Within 12 days of receiving the request, these agencies must provide a written response on matters within their scope of management.
• Step 5: Issuing the Permit The timeline for reviewing and issuing the construction permit is 15 days from the date of receiving a complete and valid dossier.

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

Handling a Permit Refusal

If an application for a Construction Permit for Overseas Vietnamese is refused despite having legal land ownership, the applicant can take action to protect their rights.

According to the Law on Complaints 2011, if there are grounds to believe the refusal is unlawful, the applicant can file a complaint.

• First Complaint: The initial complaint against the refusal by the Commune-level People’s Committee is filed with the Chairman of that Commune-level People’s Committee (Point a, Clause 1, Article 4, Decree 141/2025/ND-CP).
• Second Complaint: If the first complaint is not resolved or the applicant disagrees with the decision, a second complaint can be filed with the Chairman of the Provincial-level People’s Committee (Point b, Clause 2, Article 4, Decree 141/2025/ND-CP).
• Administrative Lawsuit: Alternatively, the applicant can initiate an administrative lawsuit at the regional People’s Court if they believe the refusal is unlawful, according to Clause 3, Article 2 of Law No. 85/2025/QH15.

The statute of limitations for a complaint is 90 days from receiving or becoming aware of the administrative act (Article 9, Law on Complaints 2011). The statute of limitations for an administrative lawsuit is 01 year (Point a, Clause 2, Article 116, Law on Administrative Procedures 2015).

Services at Long Phan Consulting Company

Long Phan Consulting Company offers an optimal solution for obtaining Construction Permits for Overseas Vietnamese with an experienced legal team. Our services for overseas Vietnamese are comprehensive and flexible.

Initial Consultation & Dossier Preparation

• Advising on the legal status and conditions for overseas Vietnamese.
• Guiding the completion of the permit application dossier.
• Assisting with the legalization and translation of necessary documents.

Procedural Support & Representation

• Providing guidance on the application procedure steps.
• Drafting application forms, explanatory letters, complaints, and other documents.
• Acting as an authorized representative to submit the dossier, monitor progress, and receive the results.

Dispute Resolution

• Providing consultation on complaint and litigation procedures if required.

Common Topics About Construction Permits for Overseas Vietnamese

Construction Permit Extension Rules

According to Clause 1, Article 99 of the Law on Construction 2014, a permit can be extended a maximum of two times, each for 12 months. If construction has not commenced after the extension period, a new permit application is required.

Post-Permit Requirements

Before commencing construction, the project owner must send a written notice of the start date to the Commune-level People’s Committee and the permit-issuing authority at least 03 working days in advance (Point e, Clause 1, Article 107, Law on Construction 2014, amended 2020).

Exemptions from Construction Permits

A private house is exempt from a construction permit if it is part of an urban or housing development project under 7 stories with a total floor area of less than 500 m², and has a 1/500 scale detailed plan approved by a competent state agency (Point e, Clause 2, Article 89, Law on Construction 2014).

Timing of Construction Commencement

No. Construction can only begin after a valid construction permit has been issued by the competent authority (unless exempt) and the commencement notice has been submitted (Clause 1, Article 107, Law on Construction 2014).

Requirements for Design Drawings

For private houses of 07 stories or more, or with 02 or more basements, the design must be carried out by a qualified organization or individual (Clause 7, Article 79, Law on Construction 2014). Households can self-design private houses with a total floor area of less than 250 m², under 3 stories, or less than 12 meters in height, provided it is consistent with approved planning.

Conclusion

Obtaining Construction Permits for Overseas Vietnamese is entirely feasible with a complete dossier and by meeting all licensing conditions. Long Phan Consulting Company is ready to support clients throughout the entire process with professional and reliable services. Please contact our hotline at 1900636389 for a free consultation and optimal support.