What the investor needs to understand
- These three regimes are separate from the IRC and ERC and are often the critical path for factories and other built projects.
- Exact categories, thresholds and sequencing changed in recent legislation. Every threshold and timeline below is to be completed by the reviewing lawyer (confirm with counsel).
- Under the special investment procedure (R4; Investment Law 143/2025/QH15, Art. 28) the EIA report, detailed planning, the construction permit and certain construction and fire-safety approvals are not carried out separately. The investor gives undertakings, completes the remaining pre-construction steps and is inspected afterwards. The standards themselves still apply.
Key items
| Topic | What the investor needs to know | When it matters | Authority |
|---|---|---|---|
| Planning conformity | Project must fit construction / zoning / sector planning. In zones, the developer's approved planning governs plot use, density and height | Site selection; before design | Department of Construction; Zone Management Board |
| Environmental impact assessment (EIA) | Required for projects in listed categories, approved BEFORE key decisions such as construction permitting (confirm categories and sequence with counsel) | Before construction | Ministry / provincial Department of Agriculture and Environment (confirm with counsel). |
| Environmental licence | Required for facilities generating waste / emissions above thresholds; normally obtained before trial or official operation (confirm with counsel). | Before operation | As above; Zone Management Board where delegated |
| Environmental registration | Lighter filing for smaller facilities not needing a licence (confirm thresholds and exemptions with counsel) | Before operation | Commune-level People's Committee (confirm with counsel). |
| Basic / technical design appraisal | Feasibility-stage and post-basic design may require appraisal by the construction authority depending on works class | Design | Department of Construction; Zone Management Board |
| Construction permit (or exemption) | Needed before works start unless an exemption applies (confirm exemptions, including for certain zone projects, with counsel) | Before works | Department of Construction; Zone Management Board |
| Fire prevention and fighting: design | Listed project types need fire-safety design appraisal before construction / fit-out | Design | Fire police (Ministry of Public Security system) |
| Fire prevention and fighting: acceptance | Acceptance of fire-safety works before the building is put into use; operating-phase duties (team, drills, insurance) continue | Before operation | Fire police |
| Construction completion acceptance | Owner's acceptance plus State inspection of acceptance for listed works before use | Before operation | Department of Construction |
| Fit-out of leased premises | Interior works in leased factories / offices can still trigger fire-safety design and acceptance, and landlord consent | Before operation | Fire police; landlord |
| Machinery import and technology | Used machinery import is restricted by age / standards; technology transfer contracts may need registration (confirm with counsel). | Procurement | Customs; Ministry of Science and Technology |
Common pitfalls
- Ordering machinery before confirming the environmental category of the project.
- Starting fit-out without fire-safety design approval.
- Assuming the zone developer's approvals cover the tenant's own works.
- Operating before the environmental licence is issued.
Legal status reviewed as of 18 September 2026. Confirm current rules with counsel before acting.