Conditions for investors of golf course projects in Vietnam

What are the conditions for investors of golf course projects in Vietnam

Conditions for investors of golf course projects in Vietnam (Internet image)

1. What is a golf course?

According to Clause 1, Article 2 of Decree 52/2020/ND-CP, a golf course means a structure that consists of a series of holes and ancillary structures suitably sized and designed following technical standards in order to serve golf players.

2. Conditions for investors of golf course projects in Vietnam

Conditions for investors of golf course projects according to Article 8 of Decree 52/2020/ND-CP are as follows:

- The investor must satisfy all requirements concerning financial capacity, land lease and land repurposing for execution of the golf course project according to regulations of laws on land; and pay a deposit for assurance of project execution (for cases requiring such deposit) according to regulations of laws on investment.

- The investor shall provide solutions and plans for assistance for relocation, training and employment for persons using the land to be allocated for the golf course project and local workers and make a commitment on such assistance.

- The investor shall self-fulfill all requirements for traffic, power and water infrastructure; waste water treatment and environmental protection.

3. Rules of golf course investment and business in Vietnam

Rules of golf course investment and business according to Article 3 of Decree 52/2020/ND-CP are as follows:

- Golf course investment and business shall aim to promote socio-economic growth and sports, tourism and service sector development; and meet the demand for diverse recreational activities and improvement of physical health and the community’s health.

- Golf course projects shall not affect national defense and security, public order, social safety and security, the community’s health, the environment, natural resources, historical - cultural relics and famous landscapes and beauty spots recognized by competent authorities and protected according to regulations of law; and shall ensure legitimate rights and interest of persons whose land is expropriated for such projects.

- Land on which golf courses are built must be used in a manner that is appropriate to land use planning and plans and the intended purpose; ensures thriftiness and efficiency; fulfills the conditions and procedures provided for by Decree 52/2020/ND-CP , laws on investment, planning, land, construction and the environment and other relevant laws.

4. Prohibited acts regarding golf course investment and business in Vietnam

Prohibited acts regarding golf course investment and business in Vietnam according to Article 4 of Decree 52/2020/ND-CP  are as follows:

- Construction and commercial use of a golf course without satisfying the conditions and completing the procedures stipulated in this Decree and relevant regulations of laws.

- Operation of a golf course business for the purpose of illegal gambling or betting.

- Obstruction of or non-compliance with inspections from competent authorities per the law.

- Refusal to provide information or to report at the request of competent authorities per the law.

5. Regulations on execution of golf course projects in Vietnam

 Article 11 of Decree 52/2020/ND-CP stipulates the execution of golf course projects as follows:

- Investors may execute their golf course projects after the investment guidelines are decided or they are issued with an investment registration certificate (for cases requiring investment registration certificates per regulations of laws on investment);

They have completed all mandatory procedures regarding land and construction; and the environmental impact assessment report is approved as prescribed by law.

- During execution of their golf course projects, investors shall comply with regulations on reporting, supervision and assessment of investment according to regulations of laws on investment.

- An investor who transfers their golf course project together with land use rights must fulfill the conditions and carry out the procedures required by regulations of laws on investment, land and real estate business and other relevant laws.

- Conditions and procedures for modification and termination of golf course projects are provided for by regulations of laws on investment, other relevant laws and Decree 52/2020/ND-CP .

Quoc Dat

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