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Building / construction permit: what it is, why it matters, how to obtain it

What is a building (construction) permit in Vietnam, and do I need one to buy property?

A building permit (giấy phép xây dựng) is the local authority's approval to start construction on a project. As a buyer of a completed or off-plan apartment or villa, you do not apply for one yourself — you verify that the developer or owner holds a valid permit, because a lawfully permitted building is the precondition for a clean Pink Book once your purchase is registered.

Building permit at a glance

Document
Vietnamese name
Giấy phép xây dựng
Literally: “construction permission licence”
Issued by
The provincial/city Department of Construction, or the district People's Committee for smaller, non-commercial works
The issuing authority depends on project scale and location
Who holds it
The project developer, or the land/building owner for a standalone villa
Buyers verify it as part of due diligence; they do not apply for it
When it matters to you
From your first conversation with a sales team, before any reservation deposit on an off-plan or newly completed project
Core part of pre-deposit due diligence
Typical cost to the buyer
None charged directly — the permit fee itself is a developer or owner cost
Your only cost is optional, recommended independent verification
Language
Vietnamese is the only legally binding version
Request a certified translation for your lawyer's review
Governing law
Housing Law 2023 and Decree 95/2024/ND-CP
Sets the national framework a project's legality is checked against
Required for
Confirming the building was lawfully constructed and can support a valid Pink Book at handover
Not applicable on its own to land-use rights, which are a separate certificate

How to verify the building permit during your purchase

Ongoing — from reservation through to handover

You will not apply for this permit yourself, but checking it should run through every stage of your purchase — from the first conversation with a sales team to the day you collect your Pink Book. The steps below follow the natural sequence of a Hanoi acquisition, for both off-plan projects and completed residences.

  1. 1

    Ask for the permit reference at reservation

    At reservation, before any paymentNo cost — this is a request, not a service

    Before paying any reservation deposit, ask the developer or agent for the building permit's reference number, issuing authority and issue date. On a completed, already-handed-over residence this should be produced without delay; on an off-plan project, ask specifically which construction phases and blocks the cited permit actually covers.

    DocumentsBooking agreement · Permit reference number and issue date

    A sales team that cannot produce a permit reference, or says it is “still in process” for a project already under construction, is a red flag — pause and verify before you pay anything.

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  2. 2

    Have an independent lawyer cross-check it

    1–2 weeks€150–€400 (≈ 4,000,000–10,500,000 VND)

    A licensed Vietnamese lawyer, engaged independently of the developer, can request confirmation from the local Department of Construction that the cited permit exists, names the correct project and address, and covers the scale actually being built — floors, blocks and total units.

    DocumentsPermit reference · Project master plan · Your passport, for the engagement letter

  3. 3

    Confirm the permit matches your Sale & Purchase Agreement

    At SPA signing

    The project description in your Sale & Purchase Agreement — floors, unit number, building block — should match what the verified permit actually authorises. Resolve any mismatch in writing, ideally through your lawyer, before you sign.

    A unit sold as part of a later, unpermitted phase cannot receive a valid Pink Book until that phase is regularised — an open-ended delay worth avoiding.

  4. 4

    Check for unregistered amendments before final payment

    Before final payment

    Ask whether any amendment to the original permit was filed during construction — extra floors, a changed unit mix, an added block. An amended but unregistered permit is one of the most common reasons a Pink Book application stalls after a buyer has already paid in full.

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  5. 5

    Keep the reference for your Pink Book file

    At handover

    At handover, the land registration office cross-checks the building permit reference when it processes your Pink Book application. Keep the permit number, your handover minutes and your Sale & Purchase Agreement together in a single file; your lawyer or property manager can hold copies as well.

    DocumentsHandover minutes · Sale & Purchase Agreement · Permit reference

  6. 6

    For villa owners: renovations need their own permit

    Only if you renovate after purchase

    If you buy a villa or landed house and later plan structural renovation or an extension, that work generally needs its own building permit application through the district authority — a separate process from the original permit that covered the existing structure.

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What building-permit verification costs you

The permit itself is a cost the developer or owner carries — it is not billed to an apartment buyer. What you budget for is independent verification: a lawyer confirming the permit is genuine and matches the building as built.

MinMaxBase
Building permit application/amendment feeSet by the local Department of Construction fee schedule — never payable by an apartment buyer€0€0borne by the developer or ownerDeveloper, at project stage; owner, for a villa renovation
Independent legal verification of the permitOften bundled into a wider due-diligence engagement covering the SPA and title as well€150 (≈ 4,000,000 VND)€400 (≈ 10,500,000 VND)flat fee, one-offBuyer, via an independent lawyer, before deposit
Certified translation of the permit and related plansThe Vietnamese original remains the legally binding version€30 (≈ 800,000 VND)€80 (≈ 2,100,000 VND)per document setBuyer, if your lawyer works in English or French
Department of Construction confirmation requestSome localities charge a nominal search fee€0€50 (≈ 1,300,000 VND)administrative, where applicableUsually included in your lawyer's fee
Total≈ €180 (≈ 4,700,000 VND)≈ €530 (≈ 13,900,000 VND)

Example: verification bundled into a single due-diligence package

Legal review including permit check
€350 (≈ 9,200,000 VND)
Certified translation
€60 (≈ 1,600,000 VND)
Σ
€410 (≈ 10,800,000 VND)

Housing Law 2023 · Land Law 2024 · Decree 95/2024/ND-CP

Frequently asked questions

Do I need a building permit if I'm buying a completed apartment?

No — the building permit was already used by the developer to construct the residence you are buying, and you do not apply for a new one. What matters to you is verifying that the completed building was actually built under a valid permit, since this underpins your future Pink Book.

How do I check if a project has a valid building permit?

Ask the developer or agent for the permit reference number and issuing authority, then have an independent lawyer confirm it with the local Department of Construction — including that it covers the specific block, floors and unit mix you are buying.

What happens if a building was constructed without a valid permit?

An unpermitted or non-compliant building can face delays or refusal when the land registration office processes ownership certificates, including the Pink Book foreign buyers rely on. This is one of the reasons independent verification before you pay a deposit is worth the modest cost.

Do I need a building permit to renovate my Hanoi apartment or villa?

Interior work inside an apartment usually needs sign-off from the building management board rather than a new permit. Structural changes, or renovation and extension of a villa, generally require their own permit application through the district authority.

Who pays for the building permit — the buyer or the developer?

The developer or land/building owner pays for and holds the permit; it is not a line item charged to an apartment buyer. Your only cost is optional, recommended, independent verification of the permit the developer already holds.

Is the building permit the same as the Pink Book?

No. The building permit authorises construction before or during a project; the Pink Book records your land-use rights and house ownership afterwards. A lawfully permitted building is a precondition for a clean Pink Book, but the two documents serve different stages of your purchase.

Sources

  • Housing Law 2023 (Law No. 27/2023/QH15) — national framework for housing and construction legality.
  • Land Law 2024 (Law No. 31/2024/QH15) — governs the land-use rights underlying any permitted building.
  • Decree 95/2024/ND-CP, detailing implementation of the Housing Law 2023 (no verified official English-language URL available; cited by reference).
  • Ministry of Construction (Bộ Xây dựng) — national authority overseeing building and urban-planning matters, above the provincial/city Departments of Construction that issue permits.

Have the building permit verified before you sign

Send us the project name and, if you have it, the permit reference. Our Hanoi advisory desk introduces you to independent counsel who confirm it against the original Department of Construction record — with a reply within 24 hours, no obligation.

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