According to Article 55 of Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government, the dossier for requesting a construction permit must include "one of the types of legal documents on land for granting a construction permit as prescribed in Article 53 of this Decree".

At the time of submitting the dossier, for legal documents on land for granting a construction permit, the investor provided the decision to lease land to implement the investment project on construction and business of industrial park infrastructure of the City People's Committee (not yet fulfilled financial obligations, not yet granted a Certificate of land use rights).

Ms. Nguyet asked, in this case, does her agency have enough basis to consider granting a construction permit?

The Ministry of Construction responded to this issue as follows:

The law on construction only regulates the type of legal documents on land to grant construction permits. Accordingly, Clause 6, Article 53 of Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government detailing a number of articles and measures for implementing the Law on Construction on the management of construction activities stipulates: "6. Land documents in cases where the State allocates land, leases land, or changes land use purposes after July 1, 2004 but does not have a Certificate of land use rights, house ownership rights and other assets attached to land according to the provisions of the law on land, including one of the following documents: Decision on land allocation, land lease, permission to change land use purposes of a competent state agency or attached land lease contract (if any) or documents on winning the auction of land use rights, bidding for projects using land". The contents of financial obligations and granting of land use right certificates and property ownership rights attached to land shall comply with the provisions of the law on land.