Cases Exempt from Construction Permits under the Rules Effective from 2026

The Construction Law No. 135/2025/QH15 revises the cases in which construction permits are not required, with the aim of reducing duplicate procedures in the management of projects and works. Under Article 43 of the Law, an exemption must be assessed based on the type of work and the specific conditions. It does not mean that the work is exempt from all related legal obligations.

1. 08 categories of construction work exempt from permits

Clause 2, Article 43 of the 2025 Construction Law provides for eight categories exempt from construction permits, set out in points (a), (b), (c), (d), (đ), (e), (g), and (h).

Point (a) – Special cases. State-secret works; emergency or urgent construction works; works forming part of a special public investment project; works forming part of an investment project carried out under special investment procedures; temporary construction works under the Law; and works on land used for national defense or security purposes under land law.

Point (b) – Certain public investment works. Works forming part of projects for which the Prime Minister, heads of central agencies, or Chairpersons of People’s Committees at any level decide on construction investment, as provided in point (b), clause 2, Article 43.

Point (c) – Linear works. Linear works that pass through the areas of two or more provincial-level administrative units; or linear works outside areas designated for urban development that meet the applicable planning requirements or have an approved route plan.

Point (d) – Offshore and aviation works. Offshore construction works that are part of an investment project for which a sea area has been allocated; airports, works within airports, and works supporting flight operations located outside airports.

Point (đ) – Advertising and telecommunications. Advertising works that are not required to obtain a construction permit under advertising law; and passive telecommunications infrastructure works.

Point (e) – Works covered by an appraised project. Works forming part of a construction investment project whose feasibility study report, or adjusted feasibility study report, has been appraised by a specialized construction authority and approved in accordance with the law.

Point (g) – Grade IV works and individual houses. Grade IV construction works; or individual houses with fewer than seven storeys and a total floor area of less than 500 m², provided they are not located in the areas listed in point (g), such as certain areas identified in general plans or areas subject to architectural management regulations.

Point (h) – Repair and renovation. Interior repair or renovation; or exterior repair or renovation that does not adjoin a road in an urban area subject to architectural management requirements, provided that the work’s purpose and function remain unchanged; the safety of load-bearing structures is not affected; and fire prevention and fighting, environmental, and infrastructure-connection requirements are met.

2. Individual houses under seven storeys and under 500 m²: check the location

Not every house with fewer than seven storeys and a total floor area of less than 500 m² is automatically exempt from a construction permit. Point (g), clause 2, Article 43 also requires that the work not be located in the areas listed by law, including certain areas identified in relevant general plans and areas subject to architectural management regulations. Before concluding that a permit is not required, check the applicable plans, architectural management regulations, and information about the site.

Importantly, both conditions—fewer than seven storeys and a total floor area of less than 500 m²—must be met for individual houses in this category. These are not general exemption thresholds for all types of construction work.

3. If a permit is not required, must construction still be notified?

Clause 3, Article 43 distinguishes the pre-construction notification requirements as follows:

• For works under points (b) and (c) of clause 2: submit a construction commencement notice to the competent local state construction management authority.
• For works under points (a), (d), (đ), (e), (g), and (h) of clause 2: submit a commencement notice together with documents corresponding to those required for a construction permit application, excluding the permit application form, unless an exception applies.
• The notification requirement does not apply to the following cases listed above: state-secret works; emergency or urgent works; temporary construction works under point (a); and individual houses owned by households or individuals.

The receiving authority is determined according to the decentralization rules of the People’s Committee of the province where the work is located. For each project, the investor should also check the conditions for starting construction and any related obligations concerning land, planning, design, safety, fire prevention and fighting, the environment, and infrastructure connectivity.

4. Notes on projects in transition

Article 95 of the 2025 Construction Law sets out transitional rules for works that have already been permitted, appraised, or treated as exempt under the previous law. Therefore, for projects that continue across the 2026 transition date, the project’s actual approval, permitting, and construction-start status should be assessed. Do not rely only on the list of permit-exempt works while overlooking the transitional provisions.

In summary, whether a construction permit is required depends on the category of work, its location and scale, and its specific legal status. Investors and consultants should identify the legal basis for any exemption during project preparation and also review commencement-notification requirements and any applicable sector-specific procedures before construction begins.