Route R3

Land-based projects: auction, bidding and investor selection (R3)

Project uses State land and the investor is chosen through a competitive or approval process.

Route at a glance

  1. Investment policy
  2. determine land route
  3. auction / bidding / investor selection
  4. investor approval
  5. IRC
  6. land allocation / lease
  7. project implementation

When this route applies

  • The investor is to be selected through a land-use-right auction or through bidding for investor selection (Questionnaire Q19).
  • State land does not by itself mean auction or bidding. Investment Law 143/2025/QH15, Art. 23 distinguishes three mechanisms: auction of land-use rights, bidding to select the investor, and investor approval. There are also cases where the authority approving the investment policy approves the investor at the same time, with no auction or bidding; those projects follow R2.
  • Which mechanism applies is set by law and decided by the authority, not chosen by the investor and not inferred by this workbook (confirm conditions for each mechanism with counsel).
  • Typical examples: urban, housing, commercial and large service projects on State-managed land.
  • If the investor instead subleases land from an industrial park developer or leases an existing building, this route normally does not apply (see R1 / R2).

Step-by-step roadmap

  1. Market-access and land-eligibility check

    Authority
    No filing: internal analysis
    Investor action
    Confirm the sector is open and that a foreign-invested entity may hold this type of land for this purpose
    Documents
    Business description; site information
    Dependency
    None
    Output
    Go / no-go
    Can next step start?
    Yes
    Critical issue
    Foreign-invested entities have narrower land-access options than domestic ones. See LAND & PREMISES.
  2. Investment policy decision for the project

    Authority
    Competent approving authority (confirm with counsel).
    Investor action
    Monitor or propose the project, depending on who initiates it
    Documents
    Project proposal (if investor-initiated)
    Dependency
    Step 1
    Output
    Investment policy approved (often without a named investor)
    Can next step start?
    No
    Critical issue
    The decision states how the investor will be selected.
  3. Determine the land route

    Authority
    Provincial People's Committee / land authority
    Investor action
    Confirm which mechanism applies: land-use-right auction, bidding for a project using land, or investor approval
    Documents
    Planning and land-use plan extracts
    Dependency
    Step 2
    Output
    Selection mechanism confirmed
    Can next step start?
    Yes
    Critical issue
    The mechanism is set by law, not chosen by the investor. Case-specific legal review required.
  4. Auction / bidding / investor selection

    Authority
    Auction organiser or bid-inviting authority
    Investor action
    Meet eligibility conditions; submit bid or take part in the auction; provide bid security
    Documents
    Eligibility file; financial capacity; bid / auction documents
    Dependency
    Step 3
    Output
    Winning result / selection decision
    Can next step start?
    No
    Critical issue
    Eligibility conditions (capital, experience, no land-law violations) are strict.
  5. Investor approval

    Authority
    Competent authority (confirm with counsel).
    Investor action
    Obtain recognition / approval as the project investor
    Documents
    Selection result; investor documents
    Dependency
    Step 4
    Output
    Investor approval decision
    Can next step start?
    No
    Critical issue
    Confirm whether a separate approval step applies after auction / bidding with counsel.
  6. IRC and project company (ERC)

    Authority
    Investment registration authority; Business Registration Office
    Investor action
    Register the project; incorporate the project company if the investor must act through one
    Documents
    As in R1 / R2
    Dependency
    Step 5
    Output
    IRC; ERC
    Can next step start?
    Yes
    Critical issue
    Confirm the order of IRC / ERC and whether the bid must be submitted by the project company or its parent with counsel.
  7. Land allocation / lease

    Authority
    Provincial People's Committee; land authority; tax authority (land charges)
    Investor action
    Sign land lease or receive allocation decision; pay land-use fee / rent; obtain the land-use right certificate
    Documents
    Selection result; IRC; ERC; cadastral documents
    Dependency
    Step 6
    Output
    Land lawfully held
    Can next step start?
    Partly
    Critical issue
    Land price determination and payment deadlines are critical.
  8. Project implementation

    Authority
    Construction, environment and fire-safety authorities
    Investor action
    Design, permits, construction, acceptance
    Documents
    See CONSTRUCTION, ENV, FIRE
    Dependency
    Step 7
    Output
    Completed facilities
    Can next step start?
    Partly
    Critical issue
    Schedule breaches can lead to land recovery (confirm with counsel).
  9. Sector licences, operational registrations, go-live

    Authority
    Sector regulator; tax; labour
    Investor action
    As in R1
    Dependency
    All above
    Output
    READY TO OPERATE
    Critical issue
    Real-estate sales / leasing have their own conditions before units can be marketed.

Required approvals

Approval / registrationPosition on this routeAuthority
Investment policy decisionRequiredConfirm with counsel
Auction / bidding result or investor approvalRequiredProvincial level (confirm with counsel).
IRCRequired for the foreign investor (confirm timing with counsel)Investment registration authority
ERCRequired where a project company is usedBusiness Registration Office
Land allocation / lease decisionRequiredProvincial People's Committee

Document checklist

Typical: the authority may ask for more.

  • Eligibility documents for auction / bidding (financial statements, equity evidence, experience)
  • Bid / auction security
  • Project proposal and preliminary design
  • Documents in R1 for IRC / ERC
  • Land lease contract / allocation decision; land charge payment receipts

Critical risks

  • Foreign-invested entities cannot use every land-access method open to domestic investors.
  • Winning bidder unable to meet equity or payment deadlines.
  • Mismatch between the bidding entity and the entity that will hold the land.
  • Sensitive locations (island, border, coastal, national-security areas): Case-specific legal review required.

When the investor may legally start operations

The investor may start a given business activity only when ALL of the following are in place for that activity: (1) the investment procedure is complete (IRC / approval, where required); (2) the company or other vehicle legally exists (ERC or equivalent); (3) capital has been contributed through the correct account and on schedule; (4) the premises may lawfully be used for the activity; (5) construction, environmental and fire-safety steps that apply are complete; (6) every sector-specific licence for that activity has been issued; and (7) tax, invoicing and employment registrations are done. Use the GO-LIVE CHECKLIST to confirm.

Common mistakes

  • Negotiating a private land purchase that a foreign-invested company is not allowed to make.
  • Treating a provincial 'in-principle' letter as a land right.
  • Ignoring land-use purpose and term when modelling the project.

Statutory time limits are not shown on this page. Confirm the current period and its legal basis with counsel: practical timing is usually longer than the statutory period. Legal status reviewed as of 18 September 2026.

Terms used on this page