BỎ GIẤY PHÉP XÂY DỰNG: TIỀM ẨN RỦI RO NẾU THIẾU CƠ SỞ DỮ LIỆU QUY HOẠCH VÀ QUY TRÌNH HẬU KIỂM THIẾU

The abolishment of building permits for private residences is widely seen as a positive step toward administrative reform. However, for this policy to be truly effective, it must go hand in hand with a clear post-inspection mechanism and a well-developed urban planning database. Moreover, a one-size-fits-all approach should be avoided - there needs to be a clear classification of zones, types of construction, and infrastructure conditions to ensure proper implementation and mitigate potential legal risks.

Concerns arise over easing restrictions on residential construction

The proposal to abolish building permits for private homes has sparked significant public interest. While regulatory bodies argue that this is a reform aimed at streamlining administrative procedures and promoting housing development, many citizens and experts have voiced concerns over potential consequences. These worries are particularly pressing in light of the current lack of consistency and transparency in land and urban planning databases.

Mr. Trần Văn Thuyên, a resident of Hưng Đạo Ward, Đông Triều City, Quảng Ninh, who is planning to build a house this year, shared, "I haven’t heard about the removal of building permits. If it’s true, I’d actually feel a bit relieved since it means fewer complicated procedures. But at the same time, I’m worried. Without a permit, I don’t really know what’s considered proper - whether my house will follow the zoning plan or meet the required size. What if later they come and inspect it, and I’m forced to tear it down? That’d be a nightmare. Ordinary people like me don’t understand all the rules, so without someone to guide us or give official confirmation, we wouldn’t even know what to rely on."

Sharing the same view, Ms. Nguyễn Hạ Thu, a resident of Yên Nghĩa Ward, Hà Đông District, Hanoi, said, “If building permits are removed without clear guidelines, people will just build based on their own understanding, which could easily lead to chaos. In the end, it might become even more complicated. The government needs to clearly state who will be held accountable if any violations occur—people shouldn’t be left to figure it out on their own.”

From a legal perspective, in an interview with Reatimes, Lawyer Lê Cao – Managing Partner of FDVN Law Firm, member of the Da Nang Bar Association – noted that while removing the requirement for building permits for detached houses may offer administrative convenience, it also poses significant risks if not accompanied by a robust and transparent post-check mechanism.

“When eliminating pre-approval procedures such as construction permits, the key question is: are citizens’ legal compliance and awareness sufficiently strong? And, will the post-inspection process be carried out transparently and effectively?” Lawyer Lê Cao posed the issue.

In reality, he observed, under current conditions where legal awareness among a portion of the population remains limited, removing the permitting process could leave a regulatory gap - potentially leading to widespread violations and unintended negative consequences.

Firstly, without proper oversight, violations of construction regulations could easily arise. In some cases, individuals might deliberately build in contravention of the law, then attempt to legalize the structures later. With the removal of pre-construction approval mechanisms, arbitrary and unregulated construction—disregarding planning and architectural standards—becomes a real possibility. This places regulatory authorities in a reactive position, making it difficult to manage the consequences, which could severely impact urban order and cityscape aesthetics.

Secondly, shifting entirely to a post-inspection model, if not governed by a transparent and equitable process, may open the door to corruption and bureaucratic harassment. “If enforcement is inconsistent - strict in some areas, lax in others due to personal interests or relationships - it will distort the urban landscape and undermine regulatory discipline,” warned lawyer Lê Cao.

It is necessary for a clear categorisation by area and project type

Facing ongoing debates surrounding the proposal to abolish building permits for detached housing, many experts argue that this policy cannot be applied uniformly across all contexts. Instead, a clear and flexible classification system is necessary - one that takes into account urban planning conditions, technical infrastructure, and local administrative capacity.

Examining this issue, Dr. Trần Xuân Lượng, Deputy Director of the Vietnam Real Estate Market Assessment Institute, emphasized that simplifying the licensing process is a step in the right direction within the broader framework of administrative reform. However, to ensure effective implementation, the policy should not be enforced indiscriminately. Rather, it must be based on detailed categorization by geographic area and the specific characteristics of each type of construction project.

In particular, in major cities or regions with well-defined zoning plans and established technical standards - such as Hanoi, Ho Chi Minh City, or Da Nang - waiving building permits for individual housing is entirely feasible. In such environments, where regulations regarding building size, density, height, setbacks, and mandatory fire safety and infrastructure connections are already in place, residents can legally build homes through qualified design and construction firms that bear both technical expertise and legal responsibility.

In cases where construction units commit violations - such as deviating from approved designs, exceeding the permitted number of floors, or negatively impacting the surrounding environment through noise or dust pollution - those responsible must bear full legal accountability, including being required to dismantle unlawful structures and pay environmental violation penalties, Dr. Lượng noted.

Conversely, in remote or underdeveloped areas where zoning plans are unclear or infrastructure conditions remain inadequate, clear regulatory measures must still be in place to maintain oversight. It is crucial to specify which localities are eligible for permit exemptions and which still require official approval in order to prevent widespread, unregulated implementation.

Lawyer Lê Cao, agreeing with the above viewpoint, emphasized that in rural areas—where residents often lack technical knowledge in construction—implementing concrete support measures is essential. One practical approach, he suggested, is to develop standardized housing design templates tailored to local conditions. These templates should cover common types of residential buildings, such as single-storey houses, loft-style homes, and garden houses, ensuring they meet technical standards and align with the detailed planning of each residential area - from building height, foundation structure, and setback distance to roof design. With this approach, residents would simply choose a suitable model and build accordingly, ensuring legal compliance while still allowing for adjustments in architectural and aesthetic features to suit personal preferences.

Enhancing transparency through open access to planning data

In proposing solutions, many experts have underscored the pivotal role of a digitized urban planning database as an effective alternative that ensures state management while easing the administrative burden on citizens. According to Dr. Trần Xuân Lượng, if such a planning data system is fully developed, made public, and easily accessible, residents would be able to proactively look up zoning regulations applicable to their plots of land - such as height restrictions, building density, setback requirements, or architectural standards - without the need for formal verification from government agencies.

However, Dr. Lượng also cautioned that not all types of construction can be self-designed and executed. For projects with specific technical demands - such as fire safety systems or complex structural elements - the involvement of qualified professionals remains essential. This includes architects, engineers, and licensed contractors, whose expertise ensures that safety standards are met and legal compliance is maintained.

From an international experience, lawyer Lê Cao noted that many countries - such as New Zealand, the United Kingdom, and Sweden - have adopted permit exemptions for certain types of construction. However, a common feature across these nations is their robust and modern planning infrastructure, coupled with a transparent and well-defined legal framework. This enables citizens to exercise autonomy in construction while still adhering to the rules. “In those countries, if you violate the rules, the penalties are severe. They don’t rely on pre-construction permits, but their post-construction inspections are extremely effective,” he explained.

Mr. Lê Cao proposed that instead of maintaining traditional licensing procedures, Vietnam should move toward a more scientific, data-driven system for managing construction activities. For instance, residents or businesses wishing to build could submit an online registration via a local government portal, declaring key technical specifications of their project. The system would then instantly provide feedback on whether the project meets zoning and construction criteria. After construction is completed, the investor would update the progress on the platform. Regulatory authorities could then perform random checks or data-based monitoring to promptly detect and address violations.

In essence, “We may eliminate construction permits, but not construction oversight. The key lies in establishing a smart, modern management system that empowers individuals to register, build, and take full responsibility for their construction activities. That way, supervision becomes not only more efficient but also far less burdensome,” lawyer Lê Cao emphasized.

Link original article: ABOLISHING BUILDING PERMITS: LEGAL RISKS LOOM WITHOUT A ROBUST PLANNING DATABASE AND TRANSPARENT POST-INSPECTION PROCESS

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