You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

May 19, 2020

Vietnam Issues New Regulations on Building and Operating Golf Courses

Subscribe to Updates

In Vietnam, golf is gaining in popularity, and the country is also becoming a popular destination for golfing vacationers. The country has about 35 courses in operation and many more in the pipeline. Most of the courses are found on the outskirts of major cities like Hanoi and Ho Chi Minh City, or near resort areas such as Da Nang, Nha Trang, Vung Tau and Dalat.

New legislation has been passed to help clarify the regime for investment in golf course projects, and to help ensure the prompt completion of projects and efficient use of land. Specifically, On April 27, 2020, the government of Vietnam issued Decree No. 52/2020/ND-CP on investment in construction and commercial operation of golf courses (Decree 52). This decree will come into effect on June 15, 2020.

According to Decree 52, the area of a standard 18-hole golf course must not exceed 90 hectares (not more than 5 hectares per hole, on average), and the area of a newly built golf course project must not exceed 270 hectares (54 holes). The investor must complete the construction of a golf course within a maximum of 36 months for an 18-hole course, or a maximum of 48 months for other types of golf courses, from the date of issuance of the land lease decision.

Moreover, an investor implementing a golf course project must:

  • Satisfy the conditions on financial capacity and the conditions on land lease and/or permission to convert land use purpose for implementing the golf course project in compliance with the laws on land; and pay a deposit for the assurance of project implementation (for cases requiring such deposit) in compliance with the laws on investment;
  • Provide appropriate solutions, plans, and commitments relating to resettlement, training, and employment assistance for the current users of land expected to be used for the golf course project and local laborers; and
  • Ensure the fulfillment of necessary requirements and conditions relating to transport, electricity, and water infrastructure, wastewater treatment, and environmental protection.

Decree 52 also provides a list of types of land which are not permitted to be used for construction of golf courses and auxiliary works, which includes the following:

  • Land used for the purposes of national defense and security;
  • Forest land and rice paddy land (with limited exceptions);
  • Land located in areas containing original constituents of classified cultural and historical sites or classified beauty spots, or relics included in the inventory list of provincial People’s Committees (with limited exceptions);
  • Land for construction of industrial parks, industrial clusters, concentrated IT parks, and high-tech parks;
  • Land located inside the protected areas of dikes and coastal protection corridors in accordance with Law on Dikes and the Law on Natural Resources and Environment of the Sea and Islands.

In addition, investors are prohibited from taking the following actions related to investment in construction and commercial operation of golf courses:

  • Building or operating golf courses without having met the conditions and procedures prescribed by Decree 52 and other related laws;
  • Taking advantage of the operations of golf courses to organize illegal betting or gambling activities;
  • Obstructing or failing to comply with examination and inspection by competent state management agencies in accordance with the law; and
  • Failing to provide information or failing to report as requested by competent state management agencies in accordance with the law.

Golf has been developing quickly in many regions of Vietnam, and it is expected that Decree 52 will help accelerate investment further, while minimizing any negative impacts.

For more details on Decree 52, please contact us at [email protected].

Related Professionals

Practices

Real Estate

Location

RELATED INSIGHTS​ 

April 30, 2011
The current global economic crisis has had a considerable effect on Thailand’s real estate market, and house purchasing demand has decreased accordingly. The stagnant housing market will have an impact on many businesses, the main ones being real estate developers, financial institutions, construction companies, and construction material suppliers. To address this issue, on January 20, 2009, the Cabinet passed a resolution which provides tax measures intended to stimulate the Thai economy.
Read More
April 30, 2011
Within the past two years, Thailand has experienced a number of events that have called into question the country’s political stability. In this article, David Lyman puts these events into historical perspective by looking back on the path that has led to the current situation. This article provides a thorough overview of Thailand’s recent history and explains many of the driving factors underlying the political instability of 2008. The article concludes that there is reason for optimism about Thailand’s future, with progressive development likely to return to the country.
Read More
April 29, 2011
In 2008, the National Assembly of the Socialist Republic of Vietnam passed Resolution 19/2008/QH12 (“Resolution 19”), a five-year pilot legislation which permits foreign organizations and individuals to purchase and own condominiums in Vietnam. A qualified foreign individual may only purchase one condominium for his or her private residential use. Resolution 19 does not allow foreign individuals to own stand-alone residential units. As a follow-up to Resolution 19, the Government issued implementation guidelines in June 2009 with Decree 51/2009/ND-CP.
Read More
April 29, 2011
This chapter provides an overview of the legal system and key laws for foreign companies doing business in Thailand. Presented in a question-and-answer format, the chapter examines the rules governing foreign investment, business vehicles, employment, tax, competition, intellectual property, marketing agreements, e-commerce, data protection, and product liability.
Read More