New Points of Construction Law 2025 Effective from July 1, 2026

The New Points of Construction Law 2025 Effective from July 1, 2026 create conditions for industry entities to implement projects more effectively and safely. Changes in licensing procedures, design appraisal, and construction order management help minimize obstacles. Long Phan Consulting Company analyzes important amendments below.

Expanding the scope of entities exempt from construction permits.

According to Clause 2, Article 43 of the Construction Law 2025, the scope of exemption is expanded:

1. Urgent & Special Projects: Urgent construction works, special public investment projects, and special investment procedure projects are added to shorten preparation time for social welfare/national defense.
2. Defense & Security Land: Works built on land used for national defense and security are officially exempt.
3. Sea & Aviation Works:
   • Offshore works in projects where the sea area has been assigned by competent authorities.
   • Airports, works at airports, and flight assurance works outside airports.
4. Responsibility: Although exempt, investors must still ensure safety and compliance with planning.

Mandatory design review for construction projects subject to fire safety assessment.

Based on Clause 5, Article 26 of the Construction Law 2025, works subject to Fire Prevention and Fighting (PCCC) design appraisal must have their construction design verified by a capable consulting unit.

• Requirement: The verification result is a mandatory part of the dossier submitted to the specialized construction agency for appraisal.
• Process: PCCC design verification is integrated into the overall construction design verification process.

Supplementing regulations on construction order management.

Article 47 of the Construction Law 2025 details principles:

• Scope: Monitoring compliance with construction planning, permits (for licensed works), and appraised designs (for exempt works).
• Responsibility: People’s Committees at all levels are comprehensively responsible.
• Joint Liability: Contractors and supervision consultants are also jointly liable for construction order violations, not just the investor.

Only single-family houses (level IV) with a floor area of ​​less than 500m2 are exempt from construction permits.

According to Point g, Clause 2, Article 43 of the Construction Law 2025:

• Urban Areas: Individual houses under 07 floors in urban area projects/housing projects with approved 1/500 detailed planning are exempt.
• Rural Areas: Individual houses are exempt only if the total construction floor area is under 500 m2.
  • Change: Previously, rural houses were often exempt without area limits. Now, works ≥ 500m2 in rural areas must obtain permits and undergo design appraisal to prevent “mansions” or disguised factories.

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

The regulations specify the circumstances under which force majeure may amend contracts and adjust construction investment projects.

Article 13 of the Construction Law 2025 specifies:

• Force Majeure: Disasters, war, large-scale epidemics, and policy changes directly affecting the project. Allows contract modification/extension without violation.
• Fundamental Change of Circumstances: Allows project adjustment when material/fuel prices fluctuate beyond control or geological conditions differ significantly from surveys.

Abolish the procedure for reviewing construction design implemented after the basic design phase.

Clause 2, Article 95 of the Construction Law 2025 abolishes the requirement for re-appraisal by specialized agencies when adjusting designs implemented after the basic design.

• Mechanism: The investor self-organizes appraisal and approval of the adjusted design and bears full responsibility for safety and compliance.
• Benefit: Removes the bottleneck of stopping construction for minor design changes.

Note: The Law is effective from July 1, 2026, but specific provisions (Clause 2, 3 Article 43; Article 71; Clauses 3, 4, 5 Article 94) take effect earlier from January 1, 2026.

>>> See more: Construction Design and Cost Estimate Appraisal

Long Phan Consulting provides administrative procedure consulting services for construction permits.

Long Phan Consulting Company supports Clients in adapting to the new Law:

• Advisory: Identifying exemption eligibility under new rules.
• Licensing: Preparing dossiers for permits.
• Appraisal Support: Advising on design verification, PCCC appraisal, and legal integration.
• Dispute/Adjustment: Handling construction order issues and contract adjustments due to force majeure.

Frequently Asked Questions

Below, Long Phan Consulting provides some frequently asked questions related to the new points in the 2025 Construction Law. We invite interested clients to refer to them:

Are rural houses of 600m2 exempt?

No. Rural individual houses are only exempt if the total floor area is under 500m2. (Legal Basis: Point g, Clause 2, Article 43, Construction Law 2025).

Do offshore wind power works need permits?

No, if the sea area has been assigned by competent authorities. (Legal Basis: Clause 2, Article 43, Construction Law 2025).

Must adjusted designs be re-appraised by the state?

No. The investor self-appraises and approves adjusted designs implemented after the basic design. (Legal Basis: Clause 2, Article 95, Construction Law 2025).

Can material price fluctuations adjust contracts?

Yes, if beyond control, it is considered a “fundamental change of circumstances” allowing negotiation. (Legal Basis: Article 13, Construction Law 2025).

Is an 8-story house in a 1/500 urban area exempt?

No. Only houses under 07 floors are exempt. (Legal Basis: Point g, Clause 2, Article 43, Construction Law 2025).

Conclusion

Compliance with the New Points of Construction Law 2025 regarding exemptions and order management is vital. Long Phan Consulting Company is ready to assist in reviewing dossiers. Please contact Hotline 1900636389 for professional support.