Pre-commencement notice for permit-exempt projects

Pre-commencement notice for permit-exempt projects for projects exempt from construction permits is a mandatory administrative procedure for most developers to ensure oversight by state agencies. Possessing an exempt project does not equate to the total removal of administrative management obligations. Long Phan Consulting Company provides a technical analysis of the dossiers, deadlines, and entities subject to this notification requirement under the Law on Construction 2025 (effective July 1, 2026).

These types of projects will be exempt from construction permits starting in 2026

According to Clause 2, Article 43 of the 2025 Construction Law (effective July 1, 2026), the following 8 categories are exempt:

1. Special Projects: State secrets, emergency works, special public investments, temporary structures, and national defense/security projects.
2. Public Investment Projects: Projects decided by the Prime Minister, heads of central agencies, Ministries, or Chairpersons of People’s Committees at all levels.
3. Linear Works: Projects spanning two or more provinces or located outside designated urban development areas with approved route plans.
4. Offshore & Aviation Works: Projects in allocated sea areas; facilities within airports or those supporting flight operations.
5. Ancillary Structures: Advertising structures (exempt category) and passive telecommunications infrastructure.
6. Pre-Appraised Works: Projects that have had their Feasibility Study Reports appraised by specialized construction agencies and approved.
7. Individual Housing & Grade IV Works: Projects under 7 stories with a total floor area under 500 m², provided they are not located in planned urban/functional areas or areas with architectural management regulations.
8. Renovations: Internal repairs or external renovations (not adjacent to urban roads) that do not alter the building’s function or structural safety, and comply with fire safety and environmental standards.

>>> See more: Construction works exempt from construction permits

If a building permit is not required, is prior notification still necessary before commencing construction?

According to Clause 3, Article 43 of the 2025 Construction Law, before commencing construction, the investor of a construction project as stipulated in Clause 2, Article 43 of the 2025 Construction Law must send a notice of commencement of construction (except for state secret projects, urgent construction projects, temporary construction projects as stipulated in point a, Clause 2, Article 43 of the 2025 Construction Law, and individual residential houses of households and individuals) to the competent state management agency for construction in the locality where the project is being built, according to the decentralization of the Provincial People’s Committee for management, specifically as follows:

• Sending notices of commencement of construction for projects under public investment projects decided by competent state agencies and construction projects along inter-provincial routes or routes outside areas with approved urban development plans/route approvals.
• Submit a notice of commencement of construction along with the corresponding documents for the application for a construction permit as prescribed (excluding the Application for a Construction Permit) for the remaining works as specified in Clause 2, Article 43 of the 2025 Construction Law.

If a building permit is already exempted under the 2014 Construction Law, is it still eligible for further exemption?

According to the transitional provisions in Clause 3, Article 95 of the 2025 Construction Law, the following is stipulated:

• Construction projects that have been granted construction permits under the 2014 Construction Law and are exempt from construction permits under the 2025 Construction Law, but undergo design modifications, do not require a revised construction permit.
• Construction projects that are exempt from construction permits according to the 2014 Construction Law and meet the conditions for commencement of construction before January 1, 2026, will continue to be exempt from construction permits as prescribed.

>>> See more: Individual Houses with Floor Area Under 500m2 Exempt from Construction Permits

Long Phan Consulting Company provides consulting services on pre-commencement notice for permit-exempt projects

Long Phan Consulting Company provides professional expertise in managing pre-commencement procedures for exempt projects. We ensure your project is legally compliant and minimize the risk of construction suspension.

• Review the conditions for pre-commencement notice for permit-exempt projects, comparing them with the planning, land use purpose, and architectural and planning indicators to ensure that all conditions for legal commencement of construction are met.
• Prepare notification documents, design drawings, land use rights documents, and accompanying appendices; ensure that the contents of the dossier are consistent with the actual construction and current architectural regulations.
• Guidance on adjusting documents when design changes occur; advice on working with construction management agencies when inspection reports or requests for explanations arise.
• Systematize project documentation; build a set of documents proving the legality of the construction to serve post-inspection, acceptance, and completion procedures as required.

>>> See more: Construction commencement conditions

Frequently Asked Questions about pre-commencement notice for permit-exempt projects

Below are some frequently asked questions when commencing pre-commencement notice for permit-exempt projects; please refer to them:

Is it necessary to submit a notice of commencement of construction for individual houses in rural areas?

Individual houses owned by households or individuals are exempt from the obligation to notify the state management agency of the commencement of construction, regardless of whether the project is exempt or requires a construction permit.

(Legal basis: Clause 3, Article 43 of the 2025 Construction Law.)

What documents are required for notifying the commencement of a public investment project?

For public investment projects decided by the Prime Minister or the Chairpersons of People’s Committees at all levels, when commencing construction, the investor only needs to send a notification of commencement to the competent authority. In this case, the law does not require the investor to attach design documents to the notification dossier. However, the design documents must still be fully prepared, appraised, and approved according to regulations, and stored for management and inspection purposes when necessary.

(Legal basis: Point a, Clause 3, Article 43 of the 2025 Construction Law.)

Which agency has the authority to receive the notice of commencement of construction?

The provincial People’s Committee is responsible for delegating the authority to receive construction commencement notices to the appropriate local agency. Depending on the scale, nature, and type of project, the authority to receive the notice may be assigned to the specialized construction agency (Department of Construction) or the district People’s Committee.

(Legal basis: Clause 3, Article 43 of the 2025 Construction Law)

Do interior renovation projects that do not alter the structure require notification of commencement?

Repair and renovation work inside or outside a building not adjacent to a road in an urban area, which requires architectural management according to regulations of the competent state agency; and where the repair and renovation work does not change the purpose and function of the building, does not affect the structural safety of the building, ensures fire prevention and fighting requirements, environmental protection, and connection to technical infrastructure, is exempt from construction permits and requires a notice of commencement of work along with corresponding documents.

(Legal basis: Point h, Clause 2 and Point b, Clause 3, Article 43 of the 2025 Construction Law.)

What documents are included in the design dossier accompanying the commencement notice?

The dossier includes approved construction design drawings, documents proving the investor’s legal land use rights, and the construction contractor’s capacity profile. This dossier does not include the application for a construction permit, as this is not a permit application procedure but rather a dossier for management and inspection purposes as stipulated by construction law.

(Legal basis: Point b, Clause 3, Article 43 of the 2025 Construction Law.)

Does a project that was exempt from licensing under the old law need to be re-notified under the new law?

If a project commenced before January 1, 2026, and is exempt from construction permits under the 2014 Construction Law, it will continue to be implemented according to the old legal regulations and will not be subject to the new procedures.

(Legal basis: Clause 3, Article 95 of the 2025 Construction Law.)

If a contractor is changed after the commencement of construction has been announced, is it necessary to notify the authorities again?

The obligation to notify the commencement of construction only arises before the start of construction and there is no mandatory requirement to resubmit the notification if the contractor is changed later. Therefore, if the project has legally commenced, changing the contractor does not create an obligation to resubmit the notification. However, the investor must still ensure that the new contractor meets the required qualifications and that the change is carried out in accordance with the construction contract regulations.

(Legal basis: Clause 3, Article 43 of the 2025 Construction Law.)

Conclusion

Understanding the regulations for pre-commencement notice for permit-exempt projects when exempt from a construction permit ensures your project is safe and legally sound. Compliance with the Law on Construction 2025 is the foundation for avoiding administrative delays. For professional support or representative services with authorities, contact Long Phan Consulting Company via hotline 1900636389.