The legal framework for high-rise real estate projects is fully regulated under the latest provisions of the Investment Law 2020, Housing Law 2023, Land Law 2023, Real Estate Business Law 2023, Construction Law 2020, and Environmental Protection Law 2020. This article provides a detailed legal process from investment policy approval, planning, land allocation, design appraisal, construction permitting to project handover. Developers need to understand these phases thoroughly to ensure project implementation aligns with legal requirements, project timelines, and optimal value creation.
Legal Process for High-Rise Real Estate Projects
The execution of a high-rise real estate project must follow a rigorous legal process that involves multiple approval stages. Below is the complete legal procedure, compiled based on the latest legal regulations.
Clarifying Key Terms:
- Fire Safety Acceptance (PCCC), Construction Acceptance (BXD): Inspection of acceptance works performed by the developer.
- Basic Design Appraisal (TKCS): Feasibility study report.
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Complete Legal Process for High-Rise Real Estate Projects
| No. | Legal Procedure | Regulation | Timeframe | Authority |
| 1 | Investment Policy Approval and Investor Approval | Article 36, Investment Law 2020; Article 33, Decree 31/2021/ND-CP | 45 – 60 days | Provincial People’s Committee / Prime Minister / National Assembly |
| 2 | 1/500 Planning | Article 30, Urban Planning Law 2009; Article 10, Decree 44/2015/ND-CP | 35 days for internal processing, 40 days for approval | Urban Planning Department – District People’s Committee |
| 3 | Project Implementation Deposit | Article 43, Investment Law 2020; Article 35, Decree 31/2021/ND-CP | 30 days | Developer / State Treasury |
| 3a | Fire Prevention and Fighting (PCCC) Approval, Environmental Impact Assessment (GPMT), and Connection Policy Agreement | : Investment Law 2020, Article 7 of the Environmental Protection Law 2020 | 30 days
70-90 days 30 days |
|
| 4 | Land Allocation | Article 58, Land Law 2013 | 30 – 45 days | Department of Natural Resources and Environment (DONRE) – Provincial People’s Committee |
| 4a | Appraisal of the basic design (Feasibility study) |
Clause 10, Article 1 of the 2020 Construction Law Article 12 of Decree 35/2023/ND-CP |
20 – 40 days | Department of Construction / Ministry of Construction |
| 5 | Land Use Fee Assessment | Article 14, Decree 45/2014/ND-CP | 120 – 150 days | DONRE – Provincial
People’s Committee |
| 5a | Fire prevention and fighting approval | Article 13 Decree 136/2020/ND-CP | 10 – 15 days | Fire Prevention and Fighting Department / Local Fire Prevention and Fighting Police |
| 6 | Land Use Fee Payment & Land Use Certificate Issuance | Article 19, Land Law 2013 | 30 – 90 days | Developer / State Treasury – DONRE |
| 6a | Appraisal of Technical Design |
Clause 24, Article 1 of the 2020 Construction Law Article 11 of Decree 35/2023/ND-CP |
15 – 20 days | Investor |
| 7 | Construction Permit Issuance | Clause 12 – 16, Article 12, Decree 35/2023/ND-CP | 20 days | Department of Construction |
| 8 | Approval for Off-Plan Sales | Clause 2, Article 19, Decree 99/2015/ND-CP | 20 days | Department of Construction |
| 9 | Acceptance of basement or rough construction works | Article 24 Decree 06/2021/NĐ-CP | 10 days | Department of Construction / Ministry of Construction |
| 10 | Measurement and current status survey | Clause 11 Article 1 Decree 10/2023/NĐ-CP |
Depending on the investor | Authorized surveying unit |
| 10a | Fire protection acceptance | Article 15 Decree 136/2020/NĐ-CP | 20 days | Fire Protection Department / Local Fire Protection Police |
| 11 | House number issuance document | Decision 05/2006/QĐ-BXD | 20 days | District/Commune People’s Committee |
| 11a | Construction acceptance | Article 24 Decree 06/2021/NĐ-CP | 15 days | Department of Construction / Ministry of Construction |
| 12 | House handover and technical infrastructure handover | Article 1 Construction Law 2020 Article 13 Real Estate Business Law 2014 |
Depending on the investor | Investor / Residents / Specialized agencies |
| 13 | Document certifying eligibility for title issuance | Clause 11 Article 1 Decree 10/2023/NĐ-CP | 30 days | Department of Natural Resources and Environment |
| 14 | Title issuance (Land Use Right Certificate) for residents | Article 37 Decree 43/2014/NĐ-CP | 30 days | Land Registration Office of the Department of Natural Resources and Environment |
| 15 | First apartment building meeting organization | Circular 02/2016/TT-BXD | 12 months | Investor Residents |
| 16 | Handover of assets and maintenance fees to the Building Management Board | Article 10 Housing Law 2014 | 07 days | Investor Building Management Board |
| 17 | Warranty and completion of warranty works | Article 29 Decree 06/2021/NĐ-CP | 02 – 05 years | Investor |
>>>> See more: What is 1/500 planning? Regulations on 1/500 planning.
How Long Does It Take to Obtain a Construction Permit?
Based on standard procedures, the complete legal process from initial approval to obtaining a construction permit takes approximately 22 months. However, if legal, planning, or M&A assessments are not carefully conducted, the process can extend from 5-10 years or even longer.
Formula for calculating the total time for legal procedures:
[1] + [2] + [3a] + [4] + [5] + [6] + [7] = 60 + 75 + 90 + 45 + 150 + 30 + 20
= 470 working days
= 658 calendar days
= 22 months.
Advice for Investors
- Prepare project legal documents in advance to ensure timely project execution.
- Conduct rigorous legal and planning assessments before purchasing land or engaging in M&A projects.
- Partner with legal experts to ensure all documentation is compliant and complete.
Strict compliance with the legal process helps the investor shorten the licensing time, optimize capital flow, and ensure the project operates according to plan.
Legal compliance is a crucial foundation ensuring the success of a high-rise real estate project. Adhering to all regulations not only helps the project stay on schedule but also optimizes investment efficiency while minimizing legal and financial risks.
As a comprehensive project developer, VictoryCons accompanies investors through every phase, from planning, appraisal, and permitting to construction and handover. We are committed to providing optimal solutions that ensure the project fully complies with legal regulations, maintains high-quality standards, and achieves sustainable value growth. VictoryCons is always ready to support investors in realizing high-quality, long-lasting developments.
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