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VIETNAM – THE WORLD BANK IS ASKING DUANE MORRIS ON THE LAND LAW AND BUILDING LAW FOR ITS BUSINESS-READY 2026 PROJECT

Dr. Oliver Massmann by Dr. Oliver Massmann
February 5, 2026
in Article
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VIETNAM – THE WORLD BANK IS ASKING DUANE MORRIS ON THE LAND LAW AND BUILDING LAW FOR ITS BUSINESS-READY 2026 PROJECT
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  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

 

  1. Building classificationstandard (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

 

  1. 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

 

  1. Structural design standardsto 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

 

  1. 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

 

  1. Accessibility standardsapplicable 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

 

  1. 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

 

  1. 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

 

  1. 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

 

  1. Does the legal framework in Viet Nam impose binding environmental protection or sustainability standardsfor 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

 

  1. 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

 

  1. 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

 

  1. Does the legal framework require professionals conducting technical inspectionsof 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

 

  1. Does the legal framework in Ho Chi Minh City establish the following zoning and land use regulations?

No

 

  1. 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

 

  1. 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

 

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

Yes

 

  1. 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

 

  1. 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

 

  1. 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

 

  1. Building control regulations, accessible to all stakeholders, including residents, developers, architects, and other interested parties

No

 

  1. Criteria and necessary steps to obtain building permits (e.g. technical specifications)

No

 

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

Yes

 

  1. An updated fee schedule for all types of construction currently in effect (as of 1 September 2025)

No

 

  1. Is there an online platformthat allows the Planning/Building Control Agencyin Ho Chi Minh City to process and issue building permits?

No

 

  1. 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

 

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

Yes

 

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

Yes

 

  1. 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

 

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

Yes

 

  1. 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

 

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

Yes

 

  1. Does the law mandate multiple inspectionsduring 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

 

  1. 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

 

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

Yes

 

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

Yes

 

  1. Governmental agencies, such as the municipal building department

Yes

 

  1. 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

 

  1. Does the legal framework require an independent and accredited professional to conduct environmental compliance verification for projects with environmental permits?

No

 

  1. 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

 

  1. Is an occupancy permit(also called Giấy phép sử dụng công trình) required by law before a building can be occupied?

No

 

  1. Does the legal framework mandate that appeals regarding building permits, inspections, or regulatory compliance be handled by an independent third-party agency?

No

 

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

Yes

 

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

Yes

 

  1. 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 buildingthat 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.

 

  1. 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

 

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

Yes

 

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

Yes

 

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

Yes

 

  1. Is an urban planning approvalcertificate required or commonly done in practice before obtaining a building permit? (This refers to planning regulations, zoning laws, or urban development guidelines)

No

 

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

20

 

  1. 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.

 

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

Yes

 

  1. 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 buildingthat 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.

 

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

Yes

 

  1. For the parameters described above, what kind of environmental permits/clearances would be required?

Full Environmental Impact Assessment

 

  1. Other

Environment Permit

 

  1. 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

 

  1. What is the official cost associated in VND?

VND4,500,000

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About Us

Dr. Oliver Massmann is an International Attorney at Law and a Financial Accountant and Auditor.

Dr. Massmann received his PhD with Major in International Business Law.

Dr. Massmann has over 20 years experience working as commercial lawyer in Vietnam. Dr. Massmann is fluent in Vietnamese language, negotiation and presentation level.

Contact

Dr. Oliver Massmann can be reached under [email protected]

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  • VIETNAM – THE WORLD BANK IS ASKING DUANE MORRIS ON THE LAND LAW AND BUILDING LAW FOR ITS BUSINESS-READY 2026 PROJECT
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