What are types of land not permitted to be used for construction of golf courses in Vietnam? What are regulations on rules of golf course investment and business in Vietnam?

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Question date: 03/12/2022

What are types of land not permitted to be used for construction of golf courses in Vietnam? What are regulations on rules of golf course investment and business in Vietnam? 

Hello. My company is planning to invest in building a golf course to expand our business. Currently in the stage of finding a location to implement the project. What are types of land not permitted to be used for construction of golf courses?

    • 1. What are types of land not permitted to be used for construction of golf courses in Vietnam?

      Pursuant to Clause 1, Article 6 of Decree 52/2020/ND-CP, types of land not permitted to be used for construction of golf courses are as follows:

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

      a) Land for national defense and security purpose;

      b) Forest land and paddy land, excluding the cases provided for in Clauses 2 and 3 herein;

      c) 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 herein;

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

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

      Thus, when building a golf course in Vietnam, your company needs to choose a location to build a golf course so that it is not located on the types of land specified above.

      2. What are regulations on rules of golf course investment and business in Vietnam?

      Pursuant to Article 3 of Decree 52/2020/ND-CP, the principles of investment in construction and business of golf courses are as follows:

      1. 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.

      2. 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.

      3. 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.

      According to this Article, the investment in construction and business of golf courses in Vietnam must comply with the above-mentioned principles.

      Best Regards!

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