New Construction Permit for Grade III, IV Works and Individual Houses

The procedure for granting a New Construction Permit for Grade III, IV Works and Individual Houses requires absolute compliance with urban planning and technical safety standards. Investors must prove legal land use rights and the conformity of the design with the approved purpose. Correct implementation minimizes dispute risks and ensures construction progress. Long Phan Consulting Company provides a detailed analysis below.

Conditions for granting construction permits for projects in urban areas.

Based on Article 91 of the Law on Construction 2014 (amended 2020), Article 57 of the Law on Urban and Rural Planning 2024, and Article 50 of Decree 175/2024/ND-CP, conditions include:

1. Planning Compliance: Must conform to approved urban and rural planning. In stable urban areas without detailed planning, the design must conform to architectural management regulations.
2. Land Use Purpose: Must match the land use purpose according to land laws.
3. Safety & Environment: Ensure safety for the work and neighboring works; meet environmental, fire prevention/fighting requirements; ensure safety for technical infrastructure and protection corridors (dykes, energy, heritage); maintain safe distances from hazardous or national security works.
4. Design Approval: Construction design must be appraised and approved according to Article 82 of the Law on Construction 2014 (amended 2020).

The competent authority issues new construction permits for Class III and Class IV buildings and individual houses.

According to Decree 140/2025/ND-CP (effective from July 1, 2025) regarding decentralization:

• Commune-level People’s Committee: From July 1, 2025, this authority will officially issue construction permits for individual houses and Grade III, IV works within their management area (implementing Clause 2, 3 Article 103 Law on Construction 2014).

Required Dossier to apply for a new construction permit for Class III, Class IV buildings and individual houses.

According to Article 55 of Decree 175/2024/ND-CP, the dossier requesting a construction permit follows the regulations in Article 95 of the Law on Construction 2014 (amended 2020), specifically as follows:

For Non-Linear Works

• Application Form: Application for construction permit according to Form No. 01, Appendix II, Decree 175/2024/ND-CP.
• Land Papers: One of the legal documents proving land use rights according to Article 53, Decree 175/2024/ND-CP.
• Approval Documents:
  • Project approval decision.
  • Written notice of appraisal results by the specialized construction agency and the accompanying stamped basic design drawings (if applicable).
  • Report on construction design verification results (according to Clause 54, Article 43, Decree 175/2024/ND-CP).
  • Results of administrative procedures regarding fire prevention and fighting for the design dossier.
  • Results of administrative procedures regarding environmental protection (for cases where the feasibility study is not appraised by the specialized construction agency).
• Design Drawings: 02 sets of construction design drawings implemented after basic design (or construction drawing design for projects requiring only an Economic-Technical Report) approved or stamped according to construction laws, including:
  • Master plan of the entire project, positioning plan of the work on the land plot.
  • Architectural drawings: plans, elevations, and main sections.
  • Foundation plans and sections.
  • Drawings showing main structural solutions.
  • Plan of connection to the technical infrastructure system outside the work/project.

For Linear Works

• Application Form: Form No. 01, Appendix II, Decree 175/2024/ND-CP.
• Land/Route Papers: One of the legal land documents (Article 53); OR written approval from the competent state authority regarding the location and route plan; OR Land recovery decision by the competent state authority.
• Other Documents: Documents prescribed in Point c, Clause 1, Article 55, Decree 175/2024/ND-CP.
• Design Drawings: 02 sets of approved construction design drawings, including:
  • Route location diagram.
  • Master plan or route map.
  • Longitudinal and main cross-sections of the route.
  • Foundation plans and sections.
  • Drawings showing main structural solutions.
  • Plan of connection to the technical infrastructure system outside the work/project.

For Religious and Faith Works

• Religious Works: Dossier as per non-linear works + Written approval on necessity and scale from the provincial specialized religious affairs agency.
• Faith Works: Dossier as per non-linear/linear works + Point a Clause 3 Article 58 + Opinion of the provincial specialized religious affairs agency (if required by law) + Design verification report (for works with large impact).
• Heritage Context: For works within projects for preservation/restoration of historical-cultural relics/scenic spots, the dossier must add Written approval on necessity and scale from the cultural management agency.

For Monuments and Murals

• Dossier as per non-linear works.
• Written approval on necessity and scale from the cultural management agency.

For Advertising Works

• Implemented according to the Law on Advertising.

For Diplomatic and International Organization Works

• The dossier follows regulations for non-linear or linear works correspondingly.
• Comply with provisions of Agreements or Treaties signed with the Government of Vietnam.

For Individual Houses

According to Article 58 of Decree 175/2024/ND-CP:

• Application Form: Form No. 01, Appendix II, Decree 175/2024/ND-CP.
• Land Papers: One of the legal land documents (Article 53).
• Construction Design Dossier:
  • For Households/Individuals: 02 sets of design drawings + Fire safety procedure results + Design verification report (if required). Drawings include:
    • Site plan of the work on the land plot with location diagram.
    • Floor plans, elevations, and main sections.
    • Foundation plans and sections with connection diagrams for external technical infrastructure (water, drainage, electricity).
    • Safety commitment for adjacent works (if applicable).
  • For Organizations: 02 sets of approved construction design drawings (post-basic design) + Fire safety results + Design verification report (if required). Drawings are the same as above.

Note: Based on local conditions, the Provincial People’s Committee publishes design templates for households/individuals to reference when self-designing (under Point b, Clause 7, Article 79, Law on Construction 2014).

>>> See more: Construction Permit for Repair and Renovation of Special Class, Class I, and Class II Works

Procedure for issuing new construction permits for Class III, Class IV buildings and individual houses.

Based on Article 102 of the Law on Construction 2014 (amended 2020):

Step 1: Submission

• Online: Via the National Public Service Portal.
• Direct: At the Public Administration Center or the One-Stop Shop of the Commune-level People’s Committee (effective July 1, 2025).

Step 2: Appraisal (07 days) The authority appraises the dossier and inspects the site. If documents are missing/incorrect, a one-time written notification is issued to the investor for supplementation. The authority checks design conformity against basic design and fire safety approvals.

Step 3: Supplementation Handling

• If supplementation is insufficient after 05 days, the authority guides further.
• If still insufficient after 03 days following the second submission, the authority notifies refusal.

Step 4: Consultation (12 days) The licensing agency consults relevant state agencies. If no response is received within 12 days, agencies are deemed to agree.

Step 5: Decision (20 days) Within 20 days of receiving a complete valid dossier, the authority grants the permit.

Publicly disclose new construction permits for Class III and Class IV projects and individual houses.

According to Article 66 of Decree 175/2024/ND-CP:

• Authority: Publishes permit content on its website.
• Investor: Must publicly display the permit content at the construction site throughout the construction period.

Long Phan Consulting provides consulting services for obtaining new construction permits for Class III and Class IV projects and individual houses.

Long Phan Consulting Company provides comprehensive support:

• Consulting: Assessing dossier and conditions.
• Preparation: Preparing the application and reviewing design dossiers.
• Representation: Submitting dossiers and working with authorities.
• Monitoring: Handling explanations and supplementations.

Frequently Asked Questions about New Construction Permits for Class III, Class IV Buildings and Individual Houses

Below are some frequently asked questions regarding the procedures for obtaining new construction permits for Class III and Class IV projects and individual houses. Please refer to them:

What if the project spans 02 provinces?

Authority is determined by the location of each specific work. The province where a specific work is located grants the permit for that work. (Legal Basis: Point d, Clause 2, Article 51, Decree 175/2024/ND-CP).

Is site display mandatory?

Yes. Investors must display the permit content at the site for supervision. (Legal Basis: Clause 2, Article 66, Decree 175/2024/ND-CP).

Can I apply online?

Yes, via the National or Provincial Public Service Portals where available. (Legal Basis: Article 7, Decree 175/2024/ND-CP).

What is the permit validity?

12 months to start construction. If delayed, an extension is required (max 02 times, 12 months each). (Legal Basis: Clause 10 Article 90 and Clause 1 Article 99, Law on Construction 2014).

Are rural houses exempt?

Yes, for individual houses in rural areas under 07 stories and located in areas without urban/functional/detailed planning. (Legal Basis: Clause 2, Article 89, Law on Construction 2014).

Conclusion

Obtaining a New Construction Permit for Grade III, IV Works and Individual Houses is a complex process involving land and construction technicalities. To ensure legal rights and construction progress, please contact Long Phan Consulting Company via Hotline 1900636389 for professional support.