ARTICLE
11 February 2026

Vietnam – The Land Law And Building Law – The Essentials – What You Must Know

DM
Duane Morris LLP

Contributor

Duane Morris LLP, a law firm with more than 900 attorneys in offices across the United States and internationally, is asked by a broad array of clients to provide innovative solutions to today's legal and business challenges.
1. As of September 1, 2025, does Viet Nam have a legally established National Building Code, a nationally adopted model code, or an equivalent national framework that encompasses all legislation, regulations...
United States Real Estate and Construction
Duane Morris LLP are most popular:
  • within Law Department Performance topic(s)

1. As of September 1, 2025, does Viet Nam have a legally established National Building Code, a nationally adopted model code, or an equivalent national framework that encompasses all legislation, regulations, and standards that collectively govern building construction applicable in Ho Chi Minh City?
Yes

1.1 Please provide the legal basis (e.g. the article in the law or exact chapter of the law)
Law No. 50/2014/QH13 on Construction

(Q.2-Q.8) Does the legal framework in Viet Nam include the following mandatory building standards or codes?
Yes

2. Building classification standard (i.e. criteria for categorizing buildings based on their use, occupancy type, and size)
Yes

2.1 Please provide the legal basis (e.g. the relevant article, standard or provision)
Article 5, Law on Construction; Circular No. 06/2021/TT-BXD

3. Land use regulations standard (i.e. zoning regulations to govern land use, density, setbacks, and other development parameters)
Yes

3.1 Please provide the legal basis (e.g. the relevant article, standard or provision)
Circular No. 01/2021/TT-BXD

4. Structural design standards to ensure stability and resistance to loads and natural hazards (earthquakes, floods, wind loads, seismic activity)
Yes

4.1 Please provide the legal basis (e.g. the article in the law or exact chapter of the law)
Circular No. 05/2022/TT-BXD

5. Fire safety standards (active and passive) for building construction and occupancy
Yes

5.1 Please provide the legal basis (e.g. the article in the law or exact chapter of the law)
Circular No. 103/2025/TT-BCA

6. Accessibility standards applicable to all construction (i.e. mandatory requirements ensuring buildings are physically accessible and usable for people with disabilities and diverse mobility needs)
Yes

6.1 Please provide the legal basis (e.g. the article in the law or exact chapter of the law)
Circular No. 21/2014/TT-BXD

7. Minimum health and sanitation standards (i.e. legally mandated baseline standards covering at least potable water supply, wastewater/sewage disposal, ventilation/indoor air quality, and sanitary plumbing)
Yes

7.1 Please provide the legal basis (e.g. the article in the law or exact chapter of the law)
TCVN 5687:2024

8. Energy efficiency performance standards (i.e. building insulation, lighting and HVAC systems, building envelope performance or other) legally required by the building code or other binding regulations for all buildings and renovations
No

9. Are there any incentives — financial (e.g., grants, tax rebates) or non-financial (e.g., technical support, expedited permitting) — to promote the adoption of building energy efficiency standards in new constructions or renovations?
No

10. Does the legal framework in Viet Nam impose binding environmental protection or sustainability standards for building construction (e.g. biodiversity protection, water resource conservation, or pollution control)?
Yes

10.1 Please provide the legal basis (e.g. the article in the law or exact chapter of the law)
Law No. 72/2020/QH14 on Environmental Protection

11. Does the legal framework in Viet Nam classify building construction projects based on their potential environmental impact?
Yes

11.1 Please provide the legal basis (e.g., the article in the law or exact chapter of the law)
Article 25, Decree 08/2022/ND-CP

12. Please indicate which environmental risks or impact considerations are explicitly assessed as part of the classification of building construction projects:
Biodiversity and natural resources (e.g., ecosystems, protected areas, forests)
Greenhouse gas emissions or climate change impacts
Water resources, including water quality, quantity, and access

13. Does the legal framework require professionals conducting technical inspections of construction projects to meet specific legally mandated qualifications?
No

(Q.14-Q.17) Based on the legal framework, please indicate which features are included in the land use planning/zoning regulations for Ho Chi Minh City:
Zoning Regulation Features

14. Does the legal framework in Ho Chi Minh City establish the following zoning and land use regulations?
No

15. Does the legal framework in Ho Chi Minh City establish requirement for official planning requirements concerning allowed heights, floor occupation ratios, setbacks, etc.?
Yes

15.1 Please provide the legal basis
Circular No. 01/2021/TT-BXD

16. Is there an officially adopted, legally binding master plan/zoning plan of Ho Chi Minh City available online and accessible to the general public without needing a username, password, or special access credentials?
Yes

17. Is zoning compliance verification required before submitting a building permit application in Ho Chi Minh City?
Yes

18. Can developers verify zoning compliance online using officially recognized zoning maps or digital planning tools, without having to get a separate official approval, certificate, or letter from the government confirming compliance from the government before applying for a building permit?
No

19. Are spatial plans and zoning requirements accessible to developers and architects in the form of a Geographic Information System (GIS) or other spatial data platforms?
Yes

20. The possibility to verify online the zoning regulation, using officially recognized zoning maps or digital planning tools, without needing prior approval from planning authorities
Yes

21. Building control regulations, accessible to all stakeholders, including residents, developers, architects, and other interested parties
No

22. Criteria and necessary steps to obtain building permits (e.g. technical specifications)
No

23. List of all documents required to apply for a building permit (e.g. land ownership certificate, types of drawings and plans)
Yes

24. An updated fee schedule for all types of construction currently in effect (as of 1 September 2025)
No

25. Is there an online platform that allows the Planning/Building Control Agency in Ho Chi Minh City to process and issue building permits?
No

30. Can administrative appeals against building permit decisions be filed online through an official government platform (excluding submission by email, text, WhatsApp, or similar platforms)?
No

31. Is it possible to submit the environmental permit/clearance application online?
Yes

32. Complete official requirements for submitting an application to obtain environmental clearances or permits for constructing a building
Yes

33. Fee schedule currently in effect for environmental permits in Ho Chi Minh City as of September 2025
Answer "Yes" if there are no fees involved.
No

34. Public, official and updated information that shows a list of total number of approved environmental permits/clearances in Ho Chi Minh City
Yes

35. An online payment system (i.e. a portal specialized in online payment transactions) to process application fees
Answer "Yes" if there are no fees involved.
No

36. An electronic system that facilitates the online submission of documents for obtaining environmental permits in Ho Chi Minh City
Yes

37. Does the law mandate multiple inspections during different phases of the construction process (e.g., foundation, framing, final stages) to ensure that standards are met throughout the process and structural safety is assured?
No

38. Does the law mandate different types of inspections during construction to assure structural safety depending on the risk level of the construction and its use (risk-based inspections)?
No

39. Self-certification (i.e. inspections carried out internally by the building company's own staff, such as architects or engineers)
Yes

40. A third-party engineer or engineering firm (not employed by the developer or the permitting authority)
Yes

41. Governmental agencies, such as the municipal building department
Yes

42. For projects which require environmental permits, is verification of environmental compliance comprehensively required during the construction process?
Yes

42.1 Please provide the legal basis
Article 62, Law on Environmental Protection

43. Does the legal framework require an independent and accredited professional to conduct environmental compliance verification for projects with environmental permits?
No

44. Is an on-site final inspection of the construction required by law before a building can be occupied?
Yes

44.1 Please provide the legal basis
Article 123, Law on Construction

45. Is an occupancy permit (also called Giấy phép sử dụng công trình) required by law before a building can be occupied?
No

46. Does the legal framework mandate that appeals regarding building permits, inspections, or regulatory compliance be handled by an independent third-party agency?
No

47. The authority to issue an emergency order (e.g. evacuation, closure, stop-use) to address immediate safety concerns of a building
Yes

48. The authority to initiate prosecution in a court of competent jurisdiction for violations of building codes
Yes

49. The authority to recommend to the registration body the suspension or cancellation of building practitioners' licenses for non-compliance with building regulations
Yes

49.1 Please provide the legal basis
Article 100, Decree No. 175/2024/ND-CP

Scenario A
" Location of business: Ho Chi Minh City, largest municipality with the largest number of customers served
" Type of building: Commercial building that will be used for offices
" Size of commercial building: 1,800 square meters (19,375 square feet)
" Height of commercial building: 5 floors – each floor is 360 square meters (3,875 square feet)
" Each floor is assumed to be 3 meters high (9 feet 10 inches)
" Land plot: 603.8 square meters (6,500 square feet)
" No activity will be performed in the premises of the office building that would require clearances, permits and inspections due to the existence of hazardous or other regulated materials.

53. Please specify the municipality that would review and approve the building permit (in case of multiple municipalities in Ho Chi Minh City):
Provincial People's Committee

54. Is an ownership/property certificate required or commonly done in practice?
Yes

57. Is a topographical survey required or commonly done in practice?
Yes

60. Is obtaining a geotechnical investigation required or commonly done in practice?
Yes

63. Is an urban planning approval certificate required or commonly done in practice before obtaining a building permit? (This refers to planning regulations, zoning laws, or urban development guidelines)
No

66. How many calendar days does it take for the authority to review and issue the building permit once the complete application is submitted?
20

67. What is the administrative fee charged by the permitting authority to review the application and issue the building permit?
VND150,000

Scenario A
" Location of business: Ho Chi Minh City, largest municipality with the largest number of customers served
" Type of building: Commercial building that will be used for offices
" Size of commercial building: 1,800 square meters (19,375 square feet)
" Height of commercial building: 5 floors – each floor is 360 square meters (3,875 square feet)
" Each floor is assumed to be 3 meters high (9 feet 10 inches)
" Land plot: 603.8 square meters (6,500 square feet)
" No activity will be performed in the premises of the office building that would require clearances, permits and inspections due to the existence of hazardous or other regulated materials.

70. Based on the information provided in Scenario A, are any environmental permits, clearances, or environmental assessments required by law before construction can begin?
Yes

71. For the parameters described above, what kind of environmental permits/clearances would be required?
Simplified Environmental Assessment

Environmental Permits – Scenario B (Complex commercial facility)
This time, please provide responses to the following questions in this section based on the information provided by Scenario B on the location, type, size, and other details of the building.
Scenario B
" Location of business: Ho Chi Minh City, largest municipality with the largest number of customers served
" Type of building: Commercial building that will be used for offices, research and development laboratories and light technical operations
" Size of commercial building: 20,000 square meters (215,278 square feet) (6 stories above ground and 2 stories underground for parking)
" Site area: 10,000 square meters (107,639 square feet)
" Building use: Office work, research and development laboratories, light technical operations
" Number of employees: approximately 800 employees
" Parking: 200 parking spaces (underground)

The project involves equipping a laboratory and testing facilities that use small quantities of acids and solvents. It features on-site diesel backup generators (500 kVA), a wastewater pre-treatment system prior to municipal discharge, large-scale excavation (8 meters / 26 feet 3 inches deep) for underground parking, and a stormwater management system. The building also includes storage areas for flammable and corrosive chemicals. Infrastructure connections to municipal water and sewer systems are available.

The construction activities will involve significant soil disturbance and stormwater runoff control, while operations will entail the use and storage of hazardous materials, generation of contaminated wastewater, and air emissions from generators and laboratory ventilation systems.

75. Based on the information provided in Scenario B, are any environmental permits, clearances, or environmental assessments required by law before construction can begin?
Yes

76. For the parameters described above, what kind of environmental permits/clearances would be required?
Full Environmental Impact Assessment

77. Other
Environment Permit

78. What is the average time to obtain the required environmental permit/clearances (time required to obtain permits from public agencies excluding preparation by possibly external experts)?
180 days

79. What is the official cost associated in VND?
VND4,500,000

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.

[View Source]

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More