Is it necessary to have approval on investment guidelines for projects on investment in golf course construction and business in Vietnam?

Is it necessary to have approval on investment guidelines for projects on investment in golf course construction and business in Vietnam?

Pursuant to Clause 1.c Article 32 of the Law on Investment in 2020 (amended by Clause 2 Article 3 of the Law on amendments to certain articles of the law on public investment, the law public-private partnership investment, the law on investment, the law on housing, the law on procurement, the law on electricity, the law on enterprises, the law on special excise duties and the law on civil judgment enforcement in 2022) stipulating the power of provincial People’s Committees to approve investment guidelines as follows:

The power of provincial People’s Committees to approve investment guidelines

1. Except for the investment projects set out in Articles 30 and 31 of this Law, the provincial People’s Committees shall grant approval for investment guidelines of the following investment projects:

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c) Projects on investment in golf course construction and business;

d) Investment projects of foreign investors and foreign-invested business organizations executed on islands or in border or coastal communes; in other areas affecting national defense and security.

2. The investment guidelines of the investment projects in Points a, b and d Clause 1 of this Article executed in industrial parks, export-processing zones, hi-tech zones and economic zones in conformity with planning approved by competent authorities shall be approved by management boards of such industrial parks, export-processing zones, hi-tech zones and economic zones.

Therefore, under current regulations, investment projects for the construction and operation of golf courses must obtain the investment approval of the provincial People's Committee. Exceptions are projects that fall within the authority of the National Assembly and the Prime Minister to approve the investment proposal.

Is it necessary to have approval on investment guidelines for projects on investment in golf course construction and business in Vietnam? - Source: Internet

What are procedures for investment guideline approval by provincial People’s Committees in Vietnam?

Pursuant to Article 36 of the Law on Investment in 2020 stipulating procedures for investment guideline approval by provincial People’s Committees as follows:

Step 1. The application shall be submitted to the investment registration authority.

Within 35 days from the receipt of the application, the investment registration authority shall notify results to the investor.

Step 2. Within 03 working days from the date on which the sufficient application is received, the investment registration authority shall send relevant documents to relevant regulatory agencies to seek their opinions about the contents.

Step 3. Within 15 days from receipt of the written request for opinions, the requested agencies shall send their appraisal opinions on the contents under their management to the investment registration authority.

Step 4. Within 25 days from the receipt of the application, the investment registration authority shall prepare an appraisal report with the contents and submit it to the provincial People's Committee.

Step 5. Within 07 working days from the receipt of the application and the appraisal report, the provincial People’s Committee shall grant the investment guideline approval, or provide a written explanation in the case of refusal.

Step 6. The provincial People’s Committee shall consider granting investment guideline approval.

What are contents of appraisal of the request for investment guideline approval in Vietnam?

Pursuant to Clause 3 Article 33 of the Law on Investment in 2020 (amended by Clause 3 Article 3 of the Law on amendments to certain articles of the law on public investment, the law public-private partnership investment, the law on investment, the law on housing, the law on procurement, the law on electricity, the law on enterprises, the law on special excise duties and the law on civil judgment enforcement in 2022) stipulating contents of appraisal of the request for investment guideline approval in Vietnam as follows:

- Assessment of the conformity of the investment project with national planning, regional planning, provincial planning, urban planning and special economic - administrative unit planning (if any);

- Assessment of the demand for land use;

- Preliminary assessment of the socio-economic efficiency of the project; and preliminary assessment of environmental impact (if any) in accordance with regulations of law on environmental protection;

- Assessment of investment incentives and conditions for enjoying investment incentives (if any);

- Assessment of the technology to be used in the investment project if the project requires appraisal and collection of opinions on the technology in accordance with the Law on Technology Transfer;

- Assessment of conformity of the investment project with the objectives and orientation for urban development, and residential housing development programs and plans; preliminary plan for phasing of investment with a view to synchronism assurance; preliminary structure of residential housing products and provision of land for social residential housing development; preliminary plan for investment in construction and management of urban infrastructure inside and outside the project in the case of an project on investment in construction of residential houses and urban areas.

- Assessment of the suitability of the investment project with the requirements of protecting and promoting the value of cultural heritage and the conditions prescribed by the law on cultural heritage.

Best regards!