Land use regulations for high-tech parks in Vietnam

Land use regulations for high-tech parks in Vietnam (Image from Internet)

Land use regulations for high-tech parks in Vietnam

According to Article 95 of Decree 102/2024/ND-CP, land use for high-tech parks is land serving high-tech activities. The establishment and implementation of policies for managing and using land in high-tech parks must ensure conformance with the laws on high technology, land laws, and other related legislation in Vietnam.

(2) For high-tech parks with a technical infrastructure system entirely funded by the state budget, the Provincial People's Committee allocates or leases land to land users within the high-tech zone.

(3) For high-tech parks with a technical infrastructure system partially funded by the state budget and partially by investors developing and operating the infrastructure, the Provincial People's Committee allocates or leases land within the high-tech zone as follows:

- Lease land to investors developing and operating the infrastructure for the area used to build the technical infrastructure system and land for public use according to the subdivision planning within the investment project area. Investors can lease the infrastructure they have invested in after completing construction in accordance with the approved project stages;

- For the area used for production and business projects, excluding the land defined in point a of this clause, the Provincial People's Committee allocates or leases the land to land users within the high-tech zone.

(4) For high-tech parks where the technical infrastructure system is not funded by the state budget, the following regulations shall apply:

- The Provincial People's Committee leases land to investors developing and operating the infrastructure with annual land rent or one-time land rent payments for the entire lease period to implement the investment project. Investors who construct the infrastructure system may re-lease the land with the synchronized technical infrastructure according to the approved project stages;

- For the area with annual land rent payments, infrastructure investors can re-lease the land with annual land rent payments; for the area with one-time land rent payments for the entire lease period, investors can re-lease the land with one-time land rent payments for the entire lease period or with annual land rent payments;

- Investors who have leased land from the state to invest in high-tech zone infrastructure on an annual payment basis may switch to one-time land rent payments for the entire lease period for the whole or part of the leased land.

(5) For the land area used for constructing shared infrastructure in the high-tech zone, including transportation works, electricity supply systems, water supply and drainage systems, telecommunications, green spaces, common water surfaces, and wastewater treatment facilities according to the planning approved by the competent authority, the infrastructure investor is not required to pay land rent.

(6) Investors developing and operating high-tech zone infrastructure, and land users within the high-tech zone, are obligated to adhere to both land laws and high technology zone laws.

Investors developing and operating infrastructure in section (3) must fulfill responsibilities similar to those of investors developing and operating infrastructure in industrial zones and industrial clusters as stipulated in clauses 2, 3, 4, 5, and 6 of Article 93 of Decree 102/2024/ND-CP.

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