Can You Forgo a Building Permit?

Mr. V.N.H, a resident of O Cho Dua ward in Dong Da district, has just started the construction of his new home about a month ago. Recalling the tedious process of obtaining a building permit, Mr. H. shared that it was an exhausting experience. It is understood that this area already had a master plan, based on which the architect designed the drawings for the new house. However, when submitting the design for a building permit at the People’s Committee of Dong Da district, additional documents were required, such as a copy of the ‘red book’ and a building permit application form. “Because it was close to the deadline, and to avoid the hassle of preparing the documents, I used a service that cost me 10 million VND,” Mr. H. said.

This sentiment is shared not only by residents but also by many experts and businesses who support Prime Minister Pham Minh Chinh’s directive to cut unnecessary procedures, including building permits. Architect Nguyen Anh Tuan, Director of ATH Homes, stated that the procedure for obtaining a building permit for investment construction projects is redundant and unnecessary. The managing agency only needs to base their decisions on the detailed planning of 1/500 for each project for post-inspection and monitoring purposes.

Regarding private houses, Architect Tuan believes that the total “unnamed” cost of obtaining a building permit is very high, not to mention the potential for negative incidents and corruption. While the state uses building permits as a management tool, violations in construction are still rampant and not thoroughly addressed.

According to Architect Nguyen Anh Tuan, from July 1st, the district-level permit granting authority will be removed. He suggested replacing the building permit application procedure with a construction commencement registration or notification form. The registration procedure should be simple and quick, focusing on construction supervision and completion. “In case the people intentionally violate the registered construction, they will be handled according to the current law on violations in the construction field,” said Architect Tuan.

Representatives from the Departments of Economics, Infrastructure, and Urban Affairs in several districts in Hanoi support the policy of reducing administrative procedures. This not only simplifies the process for residents but also reduces the pressure on managing agencies in terms of receiving, evaluating, and granting permits. Additionally, it allows for more time and resources to be allocated to supervision and violation handling. Regarding the characteristics of the capital, it is necessary to soon “cover” the 1/500 planning to the districts, while also making the planning public for residents’ information.

In an interview with the press, Mr. Le Hoang Chau, Chairman of Ho Chi Minh City Real Estate Association (HoREA), said that in 2018, Ho Chi Minh City had piloted a waiver of building permits for private houses in Tan Quy ward, District 7, but the condition was that there must be a 1/500 planning of that ward, which was lacking at that time. Therefore, to be able to eliminate the procedure of granting construction permits, it is necessary to first establish a detailed planning of 1/500 and corresponding urban design.