Decree No. 326/2025/ND-CP on land and environment for International financial centers in Vietnam

DECREE

ON LAND AND ENVIRONMENT FOR INTERNATIONAL FINANCIAL CENTERS IN VIETNAM

Pursuant to Law on Government Organization No. 63/2025/QH15;

Pursuant to Land Law No. 31/2024/QH15, amended and supplemented by Laws No. 43/2024/QH15, No. 47/2024/QH15, No. 58/2024/QH15, No. 71/2025/QH15, No. 84/2025/QH15, No. 93/2025/QH15, and No. 95/2025/QH15;

Pursuant to Law on Environmental Protection No. 72/2020/QH14;

Pursuant to Resolution No. 222/2025/QH15 of the National Assembly of Vietnam on International financial centers in Vietnam;

At the request of the Minister of Agriculture and Environment;

The Government of Vietnam hereby promulgates the Decree on land and environment for International financial centers in Vietnam.

Article 1. Scope

This Decree elaborates and provides guidelines for implementing Article 22, Article 23, of the Resolution No. 222/2025/QH15 dated June 27, 2025, of the National Assembly on the International Financial Centers in Vietnam (hereinafter referred to as “Resolution No. 222/2025/QH15”) on land and environment for International financial centers in Vietnam,

Article 2. Regulated entities

This Decree applies to Members of the International financial centers in Vietnam, investors, traders, other agencies, organizations, and individuals relevant to the operations of International Financial Centers in Vietnam.

Article 3. Land allocation, land lease, land repurposing, land use extension, adjustment in land use term, grant of Certificates of land use rights (LURs) and ownership of property affixed to the land; entities eligible for receiving LURs and ownership of property affixed to the land when realizing on collateral

1. The Chairpersons of the People’s Committees of Ho Chi Minh City and Da Nang City shall decide on land allocation or lease, land repurposing, land use extension, adjustment in land use term for Members of International Finance Centers executing investment projects stipulated in Clause 1 Article 22 of Resolution No. 222/2025/QH15.

2. The land authorities of Ho Chi Minh City and Da Nang City shall issue Certificates of land use rights (LURs) and ownership of property affixed to the land (hereinafter referred to as “certificates of title”) for the first time to Members of International Finance Centers.

3. Land allocation, land lease, land repurposing, land use extension, adjustment in land use term, grant of Certificates of title shall be carried out as follows:

a) Members of the International Finance Center shall submit applications in accordance with the law on land to the Executive bodies of the International Finance Center in Ho Chi Minh City and Da Nang City;

b) The Executive bodies of the International Finance Center in Ho Chi Minh City and Da Nang City shall receive the applications and process land procedures in accordance with the law on land on behalf of the Members of the International Finance Center; grant the Certificate of title, decisions on land allocation, land lease, land repurposing, land use extension, adjustment in land use term, and other documents (if any) to Members of the International Finance Centers;

c) The Chairpersons of the People’s Committees, land authorities, tax authorities, and finance authorities of Ho Chi Minh City and Da Nang City shall allocate or lease land, extend or adjust land use term, issue the Certificate of title for the first time in accordance with the provisions of land law. The land authorities of Ho Chi Minh City and Da Nang City shall allocate land on site to Members of the International Finance Centers.

4. The investment registration certificate shall serve as a basis for land lease and land repurposing.

5. A person receiving LURs and ownership of property affixed to the land during a collateral realization, where LURs and ownership of property affixed to the land are mortgaged by an economic organization or a foreign-invested enterprise at a foreign credit institution, must fall under the cases specified in Article 20 of the Land Law.

Article 4. Environmental registration

1. Members of the International Financial Centers must register the environmental impact of their investment projects before discharging waste into the environment, except in cases where the investment project is exempt from environmental registration as prescribed by the law on environmental protection.

2. Contents of environmental registration must comply with Clause 4 Article 49 of the Law on Environmental Protection. The environmental registration application shall be made using the form issued by the Minister of Agriculture and Environment.

3. The People’s Committee of the commune or ward (hereinafter referred to as “commune-level People’s Committee”) where the investment project is located shall receive applications for environmental registration. If the project is executed in multiple communes or wards, the applicant may submit the application to any commune-level People’s Committee where the project is executed.

The commune-level People’s Committee receiving the environmental registration application shall share the information with other relevant Commune-level People’s Committees to cooperate in monitoring the project’s compliance with environmental protection laws.

4. The applicant mentioned in Clause 1 of this Article may register the environmental impact with the commune-level People’s Committee in person, by post, via the National Public Service Portal, or through the Executive body of the International Financial Center in Ho Chi Minh City or Da Nang City.

Environmental registration through the Executive Agency of the International Financial Center in Ho Chi Minh City or Da Nang City is conducted as follows:

a) The project owner must register the environmental impact of the investment project at least 5 working days before discharging waste into the environment;

b) Within 3 working days from the date of receiving the environmental registration application, the Executive body of the International Financial Center in Ho Chi Minh City or Da Nang City shall forward such application to the commune-level People’s Committee specified in Clause 3 of this Article.

5. The authority receiving the environmental registration shall perform the responsibilities stipulated in points b, c, and d Clause 7 Article 49 of the Law on Environmental Protection.

Article 5. Implementation clauses

1. This Circular comes into force from December 18, 2025.

2. The Chairperson of the People’s Committee of Ho Chi Minh City, the Chairperson of the People’s Committee of Da Nang City shall implement state management tasks regarding land and environment within International Financial Center under their management in accordance with Resolution No. 222/2025/QH15, this Decree, and the provisions of the law on land and environment.

3. Ministers, heads of ministerial-level authorities, the Chairperson of the People’s Committee of Ho Chi Minh City, the Chairperson of the People’s Committee of Da Nang City, relevant agencies and individuals shall implement this Decree.