11:31 | 27/01/2023

Can paddy land be used for construction of golf courses in Vietnam?

Hi guys, I would like to ask a question as follows, the area where I live has a tendency to play golf. I have a plot of land that is growing rice. So can I build a golf course for business in Vietnam? 

Can paddy land be used for construction of golf courses in Vietnam?

At Point b, Clause 1, Clause 2, Article 6 of Decree 52/2020/ND-CP has the following provisions:

1. Types of land not permitted to be used for construction of golf courses and ancillary structures include:

a) Land for national defense and security purpose;

b) Forest land and paddy land, excluding the cases provided for in Clauses 2 and 3 herein;

c) Land located in areas containing original constituents of ranked famous landscapes and beauty spots, historical - cultural relics and relics included in relic lists of provincial People’s Committees, excluding the cases provided for in Clause 4 herein;

d) Land for construction of industrial parks, industry clusters, technology parks and hi-tech parks;

dd) Land used for protection of flood control systems and coastal setbacks according to regulations of the Law on Dikes and Law on Natural Resources and Environment of Sea and Islands.

2. Golf course projects located in midland and mountainous areas may use a maximum of 5 ha of paddy land yielding one crop each year and/or land on which shade trees are planted and must satisfy the requirements for paddy land protection and development and conditions for land lease and land repurposing according to regulations of laws on land.

Thus, according to the provisions of law in Vietnam, paddy land will not be used to implement the golf course project.

However, if you are located in midland and mountainous areas, you can build a golf course project but do not exceed 5 ha of paddy land yielding one crop each year and/or land on which shade trees are planted and must satisfy the requirements for paddy land protection and development and conditions for land lease and land repurposing according to regulations of laws on land in Vietnam.

Can land for national defense and security purpose be implemented for a golf course project in Vietnam?

At Point a, Clause 1, Article 6 of Decree 52/2020/ND-CP, there are provisions as follows:

1. Types of land not permitted to be used for construction of golf courses and ancillary structures include:

a) Land for national defense and security purpose;

b) Forest land and paddy land, excluding the cases provided for in Clauses 2 and 3 herein;

c) Land located in areas containing original constituents of ranked famous landscapes and beauty spots, historical - cultural relics and relics included in relic lists of provincial People’s Committees, excluding the cases provided for in Clause 4 herein;

d) Land for construction of industrial parks, industry clusters, technology parks and hi-tech parks;

dd) Land used for protection of flood control systems and coastal setbacks according to regulations of the Law on Dikes and Law on Natural Resources and Environment of Sea and Islands.

Thus, land for national defense and security purpose will not be used for construction of golf courses and ancillary structures in Vietnam.

Best Regards!

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