Decree No. 326/2025/NĐ-CP On Land and Environment in the International Financial Center in Vietnam

DECREE

ON LAND AND ENVIRONMENT IN THE INTERNATIONAL FINANCIAL CENTER IN VIETNAM

On the basis of 61/2014/QH13;

On the basis of Law on Land No. 31/2024/QH15 amended and supplemented by several Articles through Laws No. 43/2024/QH15, 47/2024/QH15, 58/2024/QH15, 71/2025/QH15, 84/2025/QH15, 93/2025/QH15, 95/2025/QH15;

On the basis of Environmental Protection Law No. 72/2020/QH14;

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

At the proposal of the Minister of Agriculture and Rural Development;

The Government issues this Decree on land and environment in the International Financial Center in Vietnam.

Article 1. Scope of Regulation

This Decree provides detailed regulations and guidance for implementing Article 22, Article 23 of Resolution No. 222/2025/QH15 dated June 27, 2025 of the National Assembly on the International Financial Center in Vietnam (hereinafter referred to as Resolution No. 222/2025/QH15) regarding land and environment in the International Financial Center in Vietnam.

Article 2. Applicability

This Decree applies to members of the International Financial Center, investors, agencies, organizations, and individuals related to activities of the International Financial Center in Vietnam.

Article 3. Allocation of land, leasing of land, change of land use purpose, extension, adjustment of land use period, issuance of land use right certificate, ownership certificate of property attached to land; subjects receiving land use rights and property attached to land when handling collateral assets

1. The Chairman of the People's Committee of Ho Chi Minh City and Da Nang City shall decide on allocation of land, leasing of land, permission to change land use purpose, extension of land use period, and adjustment of land use period for members of the International Financial Center implementing investment projects as stipulated in Clause 1 of Article 22 of Resolution No. 222/2025/QH15.

2. Agencies responsible for land management in Ho Chi Minh City and Da Nang City shall issue the first land use right certificate and ownership certificate of property attached to land for members of the International Financial Center.

3. Allocation of land, leasing of land, change of land use purpose, extension, adjustment of land use period, issuance of land use right certificate, and ownership certificate of property attached to land shall be carried out as follows:

a) Members of the International Financial Center submit application documents in accordance with the laws on land to the Management Agency of the International Financial Center in Ho Chi Minh City and Da Nang City;

b) The Management Agency of the International Financial Center in Ho Chi Minh City and Da Nang City shall receive the application documents and have the responsibility to carry out procedures and formalities related to land in accordance with the laws on land on behalf of the members of the International Financial Center; deliver the land use right certificate, ownership certificate of property attached to land, decision on allocation of land, leasing of land, permission to change land use purpose, extension of land use period, adjustment of land use period, and other relevant documents (if any) to the members of the International Financial Center;

c) The Chairmen of the People's Committees, agencies responsible for land management, tax agencies, financial agencies in Ho Chi Minh City and Da Nang City shall have the responsibility to carry out procedures for allocation of land, leasing of land, permission to change land use purpose, extension of land use period, adjustment of land use period, issuance of the first land use right certificate and ownership certificate of property attached to land in accordance with the laws on land. Agencies responsible for land management in Ho Chi Minh City and Da Nang City shall hand over the land on-site to the members of the International Financial Center.

4. Investment registration certificate is one of the bases for leasing of land and change of land use purpose.

5. The person receiving the transfer of land use rights and property attached to land when handling collateral assets from economic organizations, foreign-invested enterprises mortgaging land use rights and property attached to land at foreign credit institutions must belong to the subject as stipulated in Article 28 of the Law on Land.

Article 4. Environmental Registration

1. Members of the International Financial Center shall register the environment for investment projects before discharging pollutants into the environment, except where the investment project is exempted from environmental registration under the provisions of the Law on Environmental Protection.

2. The contents of environmental registration are stipulated in Clause 4, Article 49 of the Law on Environmental Protection. The environmental registration document shall be implemented according to the form prescribed by the Minister of Agriculture and Environment.

3. The agency receiving environmental registration is the People's Committee of the commune, ward (hereinafter referred to as the People's Committee of the commune) where the investment project is located; in cases where the investment project is implemented across two or more communes, wards, the investor has the right to choose one People's Committee of the commune to register the environment.

The People's Committee of the commune that receives the environmental registration shall have the responsibility to send information to the remaining People's Committees of the commune to be aware and coordinate in inspecting compliance with environmental protection laws by the investment project.

4. The investor of the investment project specified in Clause 1 of this Article may choose to register the environment with the People's Committee of the commune through direct submission, postal service, the National Public Service Portal, or the Management Agency of the International Financial Center in Ho Chi Minh City and Da Nang City.

Environmental registration through the Management Agency of the International Financial Center in Ho Chi Minh City and Da Nang City shall be carried out as follows:

a) The investor of the investment project registers the environment for the investment project five working days prior to the commencement of pollutant discharge activities.

b) Within three working days from the date of receipt of the environmental registration document, the Management Agency of the International Financial Center in Ho Chi Minh City and Da Nang City shall have the responsibility to transfer the environmental registration document to the People's Committee of the commune as specified in Clause 3 of this Article.

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

Article 5. Implementation Provisions

1. This Decree takes effect from December 18, 2025.

2. The People's Committees, Chairpersons of the People's Committees of Ho Chi Minh City and Da Nang City shall implement state management tasks related to land and the environment within the International Financial Center on their respective territories in accordance with Resolution No. 222/2025/QH15, this Decree, and the provisions of the Land Law and the Environmental Protection Law.

3. Ministers, Heads of ministerial-level agencies, Chairpersons of the People's Committees of Ho Chi Minh City and Da Nang City, and relevant organizations and individuals are responsible for implementing this Decree.