Which fields are subject to special investment procedures in Vietnam from February 10, 2025?

Which fields are subject to special investment procedures in Vietnam from February 10, 2025?​ (Image from the Internet)

On February 10, 2025, the Government of Vietnam issued Decree 19/2025/ND-CP guiding the Investment Law 2020 concerning special investment procedures.

Which fields are subject to special investment procedures in Vietnam from February 10, 2025?

According to Article 2 of Decree 19/2025/ND-CP, the sectors subject to special investment procedures include:

- The sectors subject to special investment procedures as stipulated in Clause 1, Article 36a of the Investment Law 2020, except for investment projects specified in Article 30 of the Investment Law 2020, specifically:

“Article 30. Authority of the National Assembly to approve investment policies

The National Assembly approves investment policies for the following investment projects:

1. Investment projects with great environmental impact or potential for serious environmental impact, including:

a) Nuclear power plants;

b) Investment projects requiring repurposing of special-use forests, headwater protection forests, border protection forests from 50 hectares or more; wind-break, sand-stopping and wave/storm protection forests, sea encroachment from 500 hectares or more; production forests from 1,000 hectares or more;

2. Investment projects requiring repurposing of rice cultivation land for two or more crops with an area of 500 hectares or more;

3. Investment projects requiring resettlement of 20,000 people or more in mountainous areas, 50,000 people or more in other areas;

4. Investment projects requiring special mechanisms and policies that need to be decided by the National Assembly.”

Investors have the right to choose to register investment according to Article 36a of the Investment Law 2020 for projects in industrial zones, export processing zones, high-tech zones, centralized information technology zones, free trade zones, and functional zones in economic zones in the following fields:

+ Investment in building innovation centers, research and development (R&D) centers; investment in the semiconductor integrated circuit industry, technology design, component manufacturing, integrated electronic circuits (IC), flexible electronics (PE), chips, semiconductor materials;

+ Investment in high-tech fields that are prioritized for development, production of products listed in the high-tech product list encouraged for development according to the decision of the Prime Minister of the Government of Vietnam.

The operational objective of the investment project applying special investment procedures according to Decree 19/2025/ND-CP must fall within the sectors specified in Clause 1, Article from Decree 19/2025/ND-CP.

- Investment projects in high-tech zones must meet the principles and criteria for projects implementing high-tech activities according to the High Technology Law 2008 and regulations of the Government of Vietnam concerning high-tech zones.

Guidelines for monitoring and evaluating investment projects implemented under special investment procedures in Vietnam

The monitoring and evaluation of investment projects implemented under special investment procedures are carried out according to Clause 4, Article 7 of Decree 19/2025/ND-CP as follows:

- Investors shall organize and carry out the monitoring and evaluation of investment projects themselves; Management boards, state management agencies in charge of investment, and specialized state management agencies shall conduct monitoring and evaluation of the investment projects within their functions, tasks, and powers;

- The implementation of monitoring and evaluation of investment projects at point a, clause 4, Article 7 Decree 19/2025/ND-CP shall comply with the provisions of the investment law and relevant laws.

More details can be found in Decree 19/2025/ND-CP, effective February 10, 2025.

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