Conditions for Commencing Construction in Vietnam from 1 July 2026 (Law on Construction 2025)

From 1 July 2026, the conditions for lawfully commencing construction in Vietnam change under the new Law on Construction No. 135/2025/QH15. For project owners, contractors and foreign investors, starting work before these conditions are met can lead to suspension, administrative penalties and even forced demolition. HTIC Law Firm sets out what must be in place before the first day on site.

Mục 01The new legal basis

The 2025 Law on Construction replaces the 2014 Law and consolidates the rules on commencing construction in Article 48, with the related provisions on permits in Article 43 and on the commencement notice in Article 71 (the latter effective earlier, from 1 January 2026). Decree No. 217/2026/ND-CP, effective on 1 July 2026, provides the implementing detail.

Mục 02The conditions for commencing construction (Article 48)

Before construction may lawfully begin, the project owner must ensure, in substance, that there is an approved construction design dossier appropriate to the type of works; that the site has been handed over (in whole or in stage) to the contractor; that a construction permit has been granted where the works require one; that a qualified construction contractor and, where required, construction supervision are in place under a signed contract; and that measures to ensure construction safety and environmental protection have been arranged. Certain specific or urgent works are subject to tailored rules under Article 48(2) and (3).

Mục 03The commencement notice

A significant procedural point is the commencement notice under Article 71: before starting, the project owner must send written notice of commencement to the competent construction authority and the commune-level People’s Committee where the works are located. This notice regime, effective from 1 January 2026, strengthens construction-order management and should not be overlooked, as proceeding without it exposes the owner to penalties.

Mục 04Common risks for investors and contractors

In practice, the most frequent failures are starting work while the permit is still pending, taking partial site handover without the documentation to prove it, or omitting the commencement notice. Each can halt a project and generate liability. For foreign-invested projects in particular, where timelines and financing are tightly linked, a short legal check of commencement readiness can prevent costly stoppages. See our construction law advisory.

Mục 05Frequently asked questions

Can construction start while the permit application is pending?

No. Where the works require a permit, it must be granted before commencement; otherwise the works are unlawful and may be suspended or subject to demolition.

Is a commencement notice always required?

Article 71 introduces a commencement-notice obligation effective from 1 January 2026; project owners should notify the competent authority and the commune-level People’s Committee before starting.

Mục 06Contact HTIC Law Firm

We advise on permits, commencement readiness and construction-order compliance, and represent clients in related disputes. Fixed fees quoted per project — Hotline +84 379 044 299.