Red Tape, Red Tape: Bureaucratic Procedures Cause Unnecessary Costs
Many Vietnamese citizens expressed their joy and support for Prime Minister Pham Minh Chinh’s recent directive to cut unnecessary procedures, including construction permits. This directive aims to streamline processes and reduce the burden on the people.
Anh Pham Hung, a resident of Thanh Tri district in Hanoi, shared his experience with obtaining a construction permit for his five-story house. He had to prepare a set of documents, including an application for a construction permit, architectural designs, and a copy of his land-use right certificate (“red book”).
According to Anh Hung, the most expensive document in this process was the architectural design, which cost him 20 million VND. He had to hire a design unit to create the plans for his five-story home. Additionally, due to the complex procedures and his limited time, he opted to use a permit application service, which cost him an additional 15 million VND.
In total, Anh Hung spent 35 million VND and waited about three weeks to obtain his construction permit. He is delighted with the Prime Minister’s recent directive to eliminate the need for construction permits, as it will save time and money for citizens like himself.
 Vietnamese citizens often have to spend large sums of money to obtain construction permits. Photo: Nguyen Le |
From a legal and practical perspective, Lawyer Nguyen Thanh Ha, Chairman of SBLaw, applauds the directive to cut unnecessary procedures, including construction permits. He believes that while the current Law on Construction 2014 (amended and supplemented in 2020) mandates construction permits for most structures, including individual houses in urban areas, this requirement has become a burden on citizens.
According to Lawyer Ha, the process of obtaining a construction permit usually takes about a month and incurs an average cost of more than 10 million VND for design drawings, not to mention various other unofficial fees. Most people cannot afford the time and effort to go through the process themselves, so they resort to using intermediary services or “permit runners,” which can lead to corruption and harassment.
Moreover, many design drawings are made merely to comply with the permit requirement and are often adjusted during construction to meet the actual needs of the owners. Common violations include blocking inter-floor openings and encroaching on setbacks, highlighting the ineffectiveness of the current pre-construction inspection mechanism.
Lawyer Ha suggests that eliminating the construction permit requirement, especially for individual houses, is feasible if the planning mechanism is transparent and local authorities effectively perform their post-construction inspection role.
This approach has been successfully implemented in many countries, where citizens are allowed to build within legal limits, and authorities monitor and penalize any violations. With hundreds of construction projects taking place daily in districts and counties, maintaining the current permit system is not only costly but also impractical given the limited management capabilities.
Streamlining Construction Permit Procedures
According to Lawyer Nguyen Thanh Ha, the Prime Minister’s new directive aims to eliminate construction permit procedures for projects within detailed planning schemes with a scale of 1/500 or in areas with approved urban designs.
However, he notes that citizens still need to inform local authorities to ensure compliance with planning regulations and enable inspection and supervision.
Citizens are happy and supportive of the government’s move to reduce construction permit procedures. Photo: Nguyen Le |
To implement this initiative effectively, Lawyer Ha emphasizes the need for synchronized efforts from central to local levels, incorporating legal, technical, and organizational solutions.
Firstly, it is essential to improve the legal framework. The National Assembly and the Government should amend and supplement the Law on Construction and related decrees and circulars to clearly define cases where construction permits are not required, the conditions for exemption, and the responsibilities of involved parties. This will provide a solid legal basis and prevent misunderstandings about “permit elimination” leading to uncontrolled construction.
Secondly, local authorities must urgently complete and transparently disclose detailed planning schemes with a scale of 1/500, subdivision planning, and urban architectural management regulations. These documents will serve as the legal and technical basis for replacing the permit requirement, enabling citizens to self-research and comply with regulations.
Simultaneously, there should be a shift from pre-construction inspection to post-construction inspection. While the government won’t intervene before construction, they will strengthen supervision during the construction process and impose strict penalties for violations, such as building beyond approved plans or affecting neighboring structures.
Local authorities should develop digital planning maps and make them accessible through their online public service portals. This will enable citizens to easily access the information and complete the remaining procedures transparently and quickly, without the need for direct contact with government agencies.
Additionally, it is crucial to promote the new regulations among citizens and businesses and provide training for grassroots-level officials to ensure uniform implementation in accordance with the law and achieve effectiveness.
“Only by fulfilling these conditions can the initiative to abolish construction permit procedures succeed, contributing to administrative reform, reducing hassles for citizens, and promoting the development of a modern and civilized urban area,” affirmed Lawyer Nguyen Thanh Ha.
Nguyen Le
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