Which Types of Land Are Prohibited for Golf Course Construction?

On April 27, 2020, the Government of Vietnam promulgated Decree 52/2020/ND-CP on investment in construction and business of golf courses.

Types of Land Not Permitted for Golf Course Construction, 52/2020/ND-CP

Types of Land Not Permitted for Golf Course Construction, 52/2020/ND-CP

Illustrative Image (Source: Internet)

To be specific, in Clause 1, Article 6 of Decree 52/2020/ND-CP, the types of land not permitted for use in the construction of golf courses and auxiliary structures for golf business activities include:

- Land used for defense and security purposes;- Forest land, rice cultivation land, except as provided in Clauses 2 and 3 of this Article;- Land in areas with original factors constituting historical-cultural relics, landscapes that have been ranked, relics within the inventory list of provincial People's Committees, except as provided in Clause 4 of this Article;- Land for the construction of industrial parks, industrial clusters, concentrated information technology zones, high-tech zones;- Land within the protection scope of dykes and coastal protection corridors as prescribed by the Law on Dykes, Law on Resources, Environment and Islands.

Some Notes on Land Use Conditions for Implementing Golf Course Projects:

- Golf course projects in midland and mountainous regions can use no more than 5 hectares of single-crop rice cultivation land, dispersed at the construction location and must meet the conditions for protection, development of rice cultivation land, land lease conditions, and land-use change conditions as prescribed by land law.

- Golf course projects using production forest land that is not natural forest must meet the conditions for land lease, land-use change, forest use change, and replacement forest planting as prescribed by land law and forest law.

- The use of land surrounding or adjacent to areas with original factors constituting relics for the construction of golf courses must not affect the original factors constituting the relics, natural landscapes, and ecological environment of the relics, and must meet conditions as prescribed by cultural heritage law.

For details, refer to Decree 52/2020/ND-CP, effective from June 15, 2020.

Le Hai

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