Tue, Oct 07, 2025, 14:05:00
According to Point c, Clause 1, Article 56 of the 2025 Railway Law, amending and supplementing Point h, Clause 2, Article 89 of the Construction Law (effective from July 1, 2025): construction permits are exempted for "works belonging to construction investment projects whose construction investment feasibility study reports have been appraised by specialized construction agencies in areas with detailed planning at a scale of 1/500 or urban designs approved by competent authorities".
Currently, there are still many projects remaining from previous years. Before 2021, when projects were appraised by specialized construction agencies, they were all used as "appraisal of basic design", not "appraisal of feasibility study report". Basic design is a component of the feasibility study report.
Mr. Nguyen Tuan Anh (Hanoi) asked, are construction projects under construction investment projects that have had their basic design appraised by a specialized construction agency in an area with a detailed planning scale of 1/500 or an urban design approved by a competent authority exempted from construction permits? Because the nature of this appraisal content is basically the same, only the name is changed.
He also requested clear instructions on where to send the notice of commencement of construction at the local level, which is the Economic - Infrastructure Department under the People's Committee at the commune level or the Department of Construction.
The Ministry of Construction responded to this issue as follows:
Cases of works that have had their basic designs appraised by specialized construction agencies according to the provisions of the 2014 Construction Law are not subject to the provisions of Point c, Clause 1, Article 56 of the 2025 Railway Law.
According to the provisions of Article 67 and Clause 8, Article 121 of Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government detailing a number of articles and measures to implement the Construction Law on construction management, the Provincial People's Committee is fully responsible for managing construction order in the area (including the content of receiving notices of commencement of construction works).
