Conditions for use of land for golf course projects in Vietnam

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

Regarding this issue, LawNet would like to answer as follows:

1. Conditions for use of land for golf course projects in Vietnam

Conditions for use of land for golf course projects according to Article 6 of Decree 52/2020/ND-CP are as follows:

- Types of land not permitted to be used for construction of golf courses and ancillary structures include:

+ Land for national defense and security purpose;

+ Forest land and paddy land, excluding the cases provided for in Clauses 2 and 3 Article 6 of Decree 52/2020/ND-CP;

+ Land located in areas containing original constituents of ranked famous landscapes and beauty spots, historical - cultural relics and relics included in relic lists of provincial People’s Committees, excluding the cases provided for in Clause 4 Article 6 of Decree 52/2020/ND-CP;

+ Land for construction of industrial parks, industry clusters, technology parks and hi-tech parks;

+ Land used for protection of flood control systems and coastal setbacks according to regulations of the Law on Dikes 2006 and Law on Natural Resources and Environment of Sea and Islands 2015.

- Golf course projects located in midland and mountainous areas may use a maximum of 5 ha of paddy land yielding one crop each year and/or land on which shade trees are planted and must satisfy the requirements for paddy land protection and development and conditions for land lease and land repurposing according to regulations of laws on land.

- Golf course projects using land of planted production forests must satisfy the requirements for land lease, land repurposing, forest repurposing and forest replacement according to regulations of land laws and forestry laws.

- Use of land surrounding or adjacent to an area containing an original constituent of a relic for a golf course shall not affect such constituent or the relic’s natural landscape and environment and must satisfy the requirements prescribed by regulations of laws on cultural heritage.

2. 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 this Decree, laws on investment, planning, land, construction and the environment and other relevant laws.

3. 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.

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