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GUIDANCE ON GOLF COURSE INVESTMENT AND GOLF COURSE BUSINESS

June 10, 2020 | Legal Updates

On 20 April 2020, the Vietnamese Government issued the Degree No. 52/2020/ND-CP to promulgate on golf course investment and doing business in golf course, which will come into force from June 6 2020.

Below are the salient points from this documents:

1. Requirements for golf course locations:

a) The location suits spatial development and arrangement orientations and resource distribution for socio-economic activities, national defense and security and environmental protection according to provincial planning, district-level land use planning and relevant planning;

b) The location fulfills the conditions for construction of structures, landscape and technical infrastructure inside and outside the golf course;

c) The location satisfies the requirements for establishment of buffer zones for water protection and for prevention and control of water pollution and shortage in compliance with regulations of laws on water resources and requirements provided for by regulations of laws on flood control systems, natural disaster prevention and control, and natural resources and environment of sea and islands.

2. Conditions for use of land for golf course projects

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.

3. Conditions for investors of golf course projects

a) 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.

b) 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.

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

 

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