(i) For investment projects that use rice-growing land or land for protection forests or land for special- use forests for other purposes and are other than those to be decided by the National Assembly or approved in principle by the Prime Minister, competent state agencies may only decide on land allocation or land lease or permit change of land use purpose when one of the following documents is available:
a) The Prime Minister's written approval for the change of land use purpose for the rice-growing land with an area of 10 ha or more, and for protection forest or special-use forest with a land area of 20 ha or more;
b) The resolution of the provincial People’s Council for change of land use purpose for the rice-growing land with an area less than 10 ha, and for protection forest or special-use forest with a land area less than 20 ha.
(ii) For investment projects which use land on islands or in border or coastal communes, wards or townships, competent state agencies may only decide on land allocation, land lease or change of land use purpose upon receiving written approval from related ministries and agencies.
(iii) Those who are allocated land or leased land by the State, or permitted by the State to change land use purpose to implement investment projects must meet the following conditions:
a) Having the financial capacity to ensure the use of land according to the schedule of the investment project. Specifically:
- Having the owner’s capital equal to at least 20% of its total investment capital in case it uses less than 20 hectares of land; at least 15% of its total investment capital in case it uses 20 hectares of land or more;
- Being capable of raising capital from credit institutions, foreign bank branches and other organizations and individuals to implement the project.
b) Paying a deposit equal to 1% to 3% of the project's investment capital, depending on its scale, nature and progress;
c) Not violating the land law if they are implementing other projects on the state-allocated or -leased land.
(vi) Provincial People's Committee is the competent authority in deciding on the land allocation and land lease and permitting the change of land use purpose for an enterprise on the basis of:
- the approved land use plans;
- the land use demands expressed in the project documents and its application for land allocation or land lease or change of land use purpose.

Cre: VIETBID LAW CO., LTD