The delegation of the Provincial People's Council of Dong Thap proposed that the Ministry of Construction advise the Government to submit to the National Assembly for consideration amendments to the conditions for issuing construction permits as stipulated in the 2014 Construction Law, to better reflect reality.

Currently, the condition for obtaining a construction permit requires compliance with either approved detailed construction planning or urban architectural planning regulations. This makes implementation very difficult because achieving 100% coverage of detailed planning requires a substantial local resource commitment. Waiting for detailed planning before issuing construction permits would hinder socio-economic development significantly and have a profound impact on people's lives.

In response, the Ministry of Construction addressed the Dong Thap Provincial People's Council as follows:

According to Article 91, Clause 1 of the amended 2014 Construction Law, supplemented by Article a, Clause 1 of Article 39 of the Architecture Law No. 40/2019/QH14, one of the conditions for issuing construction permits is "Compliance with approved detailed construction planning by competent state authorities. For construction projects in urban areas or streets that are stable but lack detailed construction planning, they must comply with urban architectural planning regulations or urban design approved by competent state authorities."

These regulations have been implemented according to Clause 2 of Article 41 of Decree No. 15/2021/NĐ-CP and Clause 12 of Article 12 of Decree No. 35/2023/NĐ-CP dated June 20, 2023, which amend and supplement some provisions of decrees in the field of state management of the Ministry of Construction, guiding the determination of compliance with planning in certain cases:

a) For areas with existing construction planning, investment projects must comply with technical or specialized planning. This forms the basis for considering construction permits.

b) For areas without construction planning, technical or specialized planning related to urban design, architectural management regulations, or approvals from competent state authorities regarding location and site layout (for projects outside urban areas) serve as the basis for considering construction permits.

Therefore, current regulations on issuing construction permits have introduced open provisions instead of solely relying on approved detailed planning.

The Ministry of Construction acknowledges the feedback for consideration during the process of amending and supplementing Decree No. 15/2021/NĐ-CP (expected to be submitted to the Government in July 2024).