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

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 INSIGHTS​ 

January 20, 2026
Thailand’s Board of Investment (BOI) has imposed new restrictions on foreign-majority shareholding and land ownership for companies in certain promoted activities. The changes took effect on September 1, 2025, but were not published in the Government Gazette until December 30, 2025, under Notification of the Board of Investment No. Sor. 7/2568 on the Amendment to List of Activities Eligible for Investment Promotion under Notification of the Board of Investment No. 9/2565, dated July 22, 2025. Foreign Land Ownership Restrictions Generally, foreign land ownership is one of the privileges granted to BOI-promoted companies, allowing them to own land to engage in the promoted activities. However, with these new restrictions, the BOI will no longer grant land-ownership privileges to foreign-majority-owned companies that conduct business activities in the following categories: Rolling, drawing, casting, or forging of nonferrous metals (category 5.4.9) Manufacturing of ferrous metal products or ferrous metal parts (category 5.4.11.2) Manufacturing of nonferrous metal products and/or nonferrous metal parts for industrial use (category 5.4.11.4) Manufacturing of other metal products, including other metal parts for industrial use (category 5.4.11.5) Manufacture of chemical products for industry (category 6.2) Manufacture of plastic products for industrial goods and parts (category 6.4.1) These restrictions do not apply to existing BOI-promoted companies that have at least three projects granted promotion under the same juristic person during the past 15 years (2011–2025) with total investment of at least THB 5 billion, excluding the cost of land and working capital. Foreign Shareholding Restrictions For companies to be eligible for BOI promotion in three other categories of business activities, at least 51% of the company’s registered capital must be held by Thai individual shareholders, unless the BOI-promoted activity is located within a special border economic zone as designated by the BOI. These three categories are: Manufacture of bags made of
January 8, 2026
Thailand’s Board of Investment (BOI) has tightened criteria for BOI-promoted companies to own land for residential use and introduced new procedures for land ownership applications under a new notification. Officially titled Notification of the Office of the Board of Investment No. Por. 9/2568 Re: Amended Criteria and Conditions for Permitting Foreign Juristic Persons Receiving Investment Promotion to Own Land for Office and Residence for Operational-Level Workers to Operate Business Granted Investment Promotion, dated July 18, 2025, the new notification was published in the Government Gazette on January 6, 2026, and is applicable to all applications submitted since the date of the notification (July 18, 2025). The new notification introduces an online application process for BOI-promoted companies seeking to own land for office use or residential purposes via the e-Land system, the BOI’s electronic system for land rights and benefits. Applications are reviewed virtually, and any requested amendments or additional documents must be submitted within seven business days. Failure to amend the application or submit any additional requested documents within this period will result in automatic rejection and removal of the application from the system. The new notification builds on the requirements specified in the previous notification on land ownership allowances for foreign companies, issued in 2024, by introducing additional qualification requirements for residences for operational-level workers (i.e., unskilled laborers). In this regard, such a residence must not be: Part of a land development project (housing estate), A condominium unit, or Classified as a house or commercial building.
December 25, 2025
On December 11, 2025, Vietnam’s National Assembly issued Resolution No. 254/2025/QH15 (Resolution No. 254) to address practical difficulties encountered in implementing the Law on Land 2024. The resolution provides specific mechanisms and policies to resolve issues related to land allocation, land leasing, and conversion of land-use purposes, while also addressing land valuation principles, timing of information collection, and land valuation methods. The resolution takes effect on January 1, 2026. Key provisions affecting investors are discussed below. Land Use Terms for Transferred Investment Projects The National Assembly has addressed situations where the remaining term of a transferred investment project is insufficient for the transferee’s business or financial plans. Resolution No. 254, along with the Law on Investment 2025, introduces aligned regulatory solutions. Under the Law on Investment 2025 (4th version submitted to the National Assembly for promulgation), if an investment project implemented prior to March 1, 2026, has been transferred and the transferor holds a Land Use Rights Certificate, has fulfilled all land-related financial obligations, and is not subject to termination, the competent authority may determine a new operating term if the remaining operating term does not meet the transferee investor’s financial or business plan. This adjustment occurs when approving or adjusting the investment policy or issuing or amending the investment registration certificate. The revised operating term is calculated from the date of the approval or issuance and must not exceed the statutory maximum of 70 years for projects in economic zones and 50 years for projects outside economic zones. Resolution No. 254 also permits adjustment of the land use term for transferred investment projects involving land, provided that the transferee investor pays additional land rent in accordance with applicable law, thereby ensuring consistency with the Law on Investment 2025. Land Rent Payment Options Resolution No. 254 generally expands the
December 16, 2025
Tilleke & Gibbins has contributed the Cambodia, Laos, Myanmar, Thailand, and Vietnam chapters to Infrastructure and Construction in Southeast Asia, a comparative guide developed by Drew Network Asia (DNA). The publication brings together insights from leading ASEAN law firms to address common legal and practical issues faced by participants in the construction and engineering sector across the region. Covering nine major Southeast Asian jurisdictions, the guide provides concise answers to frequently encountered questions relating to infrastructure and construction projects. Topics addressed include the regulatory environment, procurement practices, project structuring, risk allocation, contracting terms, dispute resolution mechanisms, and the enforcement of arbitral awards. Each jurisdictional chapter follows a consistent question-and-answer format, enabling readers to compare legal approaches and market practices across countries. This structure highlights both areas of convergence and key differences between jurisdictions, supporting more informed decision-making in cross-border projects and investments. While the guide offers a practical regional overview, it also underscores that legal frameworks and market practices vary significantly between jurisdictions and may be shaped by local principles and industry norms. Readers seeking jurisdiction-specific advice are encouraged to contact the practitioners listed at the end of each chapter. The full guide is available for download through the button below or directly from the DNA website.