Investment projects with land use must conduct bidding for investor selection in Vietnam from September 16, 2024

Investment projects with land use must conduct bidding for investor selection in Vietnam from September 16, 2024 (Image from the Internet)

On September 16, 2024, the Government of Vietnam issued Decree 115/2024/ND-CP detailing certain articles and implementation measures of the Bidding Law 2023 concerning the selection of investors for executing investment projects with land use in Vietnam.

Investment projects with land use must conduct bidding for investor selection in Vietnam from September 16, 2024

According to Article 4 of Decree 115/2024/ND-CP, investment projects with land use that require organizing bidding for investor selection in Vietnam as stipulated by land law include:

(1) investment projects with land use specified at Point a, Clause 1, Article 126 of the Land Law 2024.

(2) investment projects with land use specified at Point b, Clause 1, Article 126 of the Land Law 2024 include:

- Investment projects for the construction of municipal solid waste treatment facilities as required by environmental protection laws;

- Investment projects for the construction of water supply facilities as required by laws on the production, supply, and consumption of clean water;

- Investment projects for the construction of markets per laws on market development and management;

- Investment projects for the construction of rest station facilities as per road management laws;

- Investment projects for the construction of aviation services facilities at airports subject to bidding requirements under civil aviation laws;

- Investment projects in the fields of education, health, culture, sports, and environment requiring bidding per private investment encouragement laws when there are two or more interested investors registering to implement, excluding projects stated in Point a and Point b Clause 2, Article 4 of Decree 115/2024/ND-CP;

- Investment projects for the construction of social housing, the renovation and reconstruction of old apartment buildings, or housing for armed forces requiring bidding under housing laws when there are two or more interested investors registering to implement.

This provision does not include social housing projects specified in Clauses 1, 2, 3 and Point c, Clause 4, Article 84 of the Housing Law 2023; renovation and reconstruction of old apartment buildings specified in Clauses 1 and 2 of Article 68 of the Housing Law 2023; or housing for armed forces as stated in Clause 1, Article 106 of the Housing Law 2023;

- Investment projects for horse, dog racing tracks involving betting activities, requiring bidding under laws on betting business for horse, dog races, and international football when there are two or more interested investors registering to implement, approved by the Prime Minister according to investment policies under sector management laws;

- Investment projects for energy facilities requiring bidding per electricity laws when there are two or more interested investors registering to implement;- Other projects as stipulated in Article 79 and Point b, Clause 1, Article 126 of the Land Law 2024.

(3) The land fund envisaged for projects specified in (1) and (2) must meet the following conditions:

- Belonging to the cases requiring land recuperation as per Article 79 of the Land Law 2024; if part of the project land falls under Clause 1, Article 217 of the Land Law 2024, then the State will recuperate and lease the entire project land through bidding for investor selection;- Included in the list of land plots for investment project bidding with land use decided by the provincial People's Council per land laws.

More details can be found in Decree 115/2024/ND-CP which comes into force in Vietnam from September 16, 2024.

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