Projects Subject to Investment Policy Approval under the Law on Investment 2025

I. Projects Subject to Investment Policy Approval

1. Investment projects requiring the conversion of land use purposes for special-use forests, headwater protection forests, or border protection forests of 50 hectares (ha) or more; wind-shield, sand-shield protection forests, or wave-break/sea-encroachment protection forests of 500 ha or more; or production forests of 1,000 ha or more.

2. Investment projects requiring the conversion of land use purposes for double-crop wet rice land with a scale of 500 ha or more.

3. Investment projects requiring the relocation and resettlement of 10,000 people or more in mountainous areas, or 20,000 people or more in other areas.

4. Investment projects involving betting or casino businesses, excluding prize-winning electronic games for foreigners.

5. Investment projects consistent with cultural heritage laws, regardless of land area or population scale, within Protection Zone I and Protection Zone II of relics recognized as special national monuments under the World Heritage List, national monuments, or special national monuments.

6. Nuclear power plant investment projects.

7. Investment projects by foreign investors in the fields of telecommunications services with network infrastructure, afforestation, publishing, and journalism.

8. Investment projects where the investor requests the State to allocate or lease land without an auction of land use rights or a bidding process to select investors; projects requesting a change of land use purpose in accordance with land laws.

9. Investment policy approval under this clause does not apply to: a) Investment projects by individuals not subject to written approval from the Provincial People's Committee before land lease or land use purpose conversion; b) Infrastructure construction projects for industrial clusters; c) Mineral mining projects subject to auction of mining rights; mineral mining for projects/works under emergency mobilization measures per the Law on Geology and Minerals; d) Other projects as regulated by the Government.

10. Investment projects requesting State land allocation, lease, or land use purpose conversion in areas affecting national defense and security.

11. Investment projects requesting State allocation of sea areas.

12. Housing construction projects (for sale, lease, or lease-purchase) or urban area projects, regardless of land scale or population, where the investor has land use rights through an agreement to receive land use rights or currently holds land use rights per housing and land laws.

13. Investment projects, regardless of land area or population scale, located in restricted development areas or historic downtown areas (defined in urban/rural planning) of special-class cities.

14. Golf course construction and business projects, except those within housing or urban area projects where land is allocated/leased via auction or bidding.

15. Infrastructure construction and business projects for industrial parks, export processing zones, and concentrated digital technology zones.

16. New construction projects for: wharves, wharf areas belonging to special seaports, or Class I seaports.

17. New construction projects for: airports and airfields; runways; passenger terminals of international airports; or cargo terminals of airports/airfields with a capacity of 01 million tons/year or more.

18. New investment projects in air passenger transportation businesses.

19. Oil and gas processing investment projects.

20. Other investment projects subject to the Prime Minister's investment policy approval as prescribed by law.

21. Investment projects requiring the application of special mechanisms or policies different from the provisions of laws or resolutions of the National Assembly.

II. Competent Authorities for Investment Policy Approval

1. The National Assembly shall approve the investment policy for projects specified in Clause 20, Article 24 of the Law on Investment 2025.

2. Except for cases in Clause 1, the Prime Minister shall approve the investment policy for the following:

a) Projects specified in Clauses 1, 2, 4, 6, 7, and 19, Article 24 of the Law on Investment 2025;

b) Projects specified in Clause 3, Article 24 requiring relocation/resettlement of 20,000 people or more in mountainous areas, or 50,000 people or more in other areas;

c) Projects specified in Clause 5, Article 24 within Protection Zone I of special national monuments under the World Heritage List.

3. Except for cases in Clauses 1 and 2, the Chairperson of the Provincial People's Committee shall approve the investment policy for:

a) Projects specified in Clauses 8 through 18, Article 24 of the Law on Investment 2025;

b) Projects specified in Clause 3, Article 24 requiring relocation/resettlement of 10,000 to under 20,000 people in mountainous areas, or 20,000 to under 50,000 people in other areas;

c) Projects specified in Clause 5, Article 24 within Protection Zone I and II of national/special national monuments (excluding Protection Zone I of World Heritage sites);

d) Projects falling under the jurisdiction of two or more Provincial People's Committee Chairpersons shall be handled per Government regulations.

4. For projects in Clause 3 implemented within industrial parks, export processing zones, high-tech zones, concentrated digital technology zones, or economic zones consistent with approved planning, the Management Board of such zones shall approve the investment policy.

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.

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