Decree 239/2025/ND-CP: Enhancing Transparency in Industrial Land Rental Prices and Infrastructure Fees

Complete and modern technical infrastructure in industrial parks and economic zones is a crucial driving force for attracting investment and industrial development; this affirms the necessity of a land price transparency mechanism, much like the (Amended) Land Law emphasized that "transparency in land valuation mechanisms... is a vital foundation for developing a sustainable real estate market."

According to the new regulations in Article 61 of Decree No. 239/2025/ND-CP, "Investors implementing investment projects for the construction and business of infrastructure in industrial parks, export processing zones, high-tech zones, concentrated digital technology zones, and functional areas within economic zones" are permitted to perform the following activities:

• Constructing factories, offices, and warehouses for sale or lease;

• Determining rental prices for land, sub-leasing land with invested technical infrastructure, and various infrastructure usage fees;

• Publicly registering price frames and infrastructure usage fees with the Management Board of the IP/EZ on a periodic basis of every 6 months (or upon adjustment);

• Collecting infrastructure fees;

• Transferring or sub-leasing land use rights with invested infrastructure;

• And other activities as prescribed by law.

The aforementioned regulation clearly records the duties and powers of infrastructure investors and the implementation steps. The requirement to announce and register price frames every 6 months creates a transparent basis for both businesses and management agencies from the outset.

• From a business perspective: This regulation helps ensure predictability. When land rental rates, factory lease rates, and service fees are public, enterprises can easily plan production and business costs. Simultaneously, the mechanism of publicizing price frames limits "under-the-table" negotiations, ensuring fairness among investors in the same area.

• From a management perspective: The Management Board and local authorities have sufficient information to compare fees across IPs. Consequently, management agencies can inspect and review price levels in accordance with regulations, limiting the situation of "fee stacking" or price fraud.

As the Decree itself states, the registration of price frames and infrastructure usage fees is performed every 6 months or in the event of an adjustment compared to the registered frame. This encourages flexible price updates in line with market fluctuations; for instance, if raw material prices or construction costs rise sharply, investors must adjust promptly and announce changes to align with general price trends.

These regulations are a concrete step in realizing the State's general policy on price transparency. Previously, the abolition of the land price frame under Decree 96/2019 and the assignment of localities to construct new land price lists periodically demonstrated a spirit of greater transparency and flexibility in land pricing policy. Accordingly, provinces and cities are required to publish land price lists periodically instead of depending on the old fixed price frame.

In summary, Decree No. 239/2025/ND-CP has supplemented specific regulations in Article 61 to strengthen transparency and flexibility in the management of IP and EZ infrastructure. Clearly regulating the activities of infrastructure investors—especially the public disclosure of land rental price frames and fees—will help ensure businesses' interests are protected, while facilitating supervision and policy planning for management agencies. Together with the general guidelines of the Land Law and related policies, this mechanism promises to contribute to building a transparent, fair, and sustainable industrial land and infrastructure market in Vietnam.

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

For more information: 

📞: +84 357 466 579

📧: contact@dblegal.vn

🌐Facebook:  DB Legal Vietnamese Fanpage or DB Legal English Fanpage 

🐦X(Twitter)

💼Linkedin

🎬Youtube