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
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.
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.
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.
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.
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.
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.
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.
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).
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 / registration | Position on this route | Authority |
|---|---|---|
| Investment policy decision | Required | Confirm with counsel |
| Auction / bidding result or investor approval | Required | Provincial level (confirm with counsel). |
| IRC | Required for the foreign investor (confirm timing with counsel) | Investment registration authority |
| ERC | Required where a project company is used | Business Registration Office |
| Land allocation / lease decision | Required | Provincial 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.