The change is stated in the Decree 52/2020/ND-CP oninvestment in construction and commercial operation of golf courses, whichcomes into effect on June 15, 2020.
It will enable businesses to explore available land areas andbuild courses once they meet the Government’s regulations.
In the past, golf businesses had to wait for provincialauthorities’ planning policies.
In some cases, capable investors were unable to develop theirown courses because the targeted areas were not parts of the province’sdevelopment plans while some could not finalise their project registration intime. The development plans set for specific areas limited the scale ofregistered courses.
According to the Ministry of Planning and Investment, thechange would assure golf course developers are fair to each other, improve themanagement of golf projects, and prevent illegal use of land.
There are several types of land which must not be used forbuilding golf courses such as land used for national defence and security andnatural forests. Rice-farming land is also unavailable for golf courseconstruction, except areas with poor productivity and economic efficiency, andthose meeting conditions for change of land use purposes; and areas ofhistorical and cultural relics and tourism.
The area of the golf course projects depends on the scale,such as the standard golf course project with 18 holes not exceeding 90hectares and the first golf course project area not exceeding 270 hectares,equivalent to 54 holes.
The investor must complete the construction within 36 monthsfor 18-hole golf courses or within 48 months for other golf courses since thedate that the land lease contract is signed, the Đầu Tư (Investment) newspaperreported.
In addition, the decree also stipulates that investors mustmeet conditions on financial ability, land for building the project and depositon the project in accordance with the law on investment.
The investors must have commitments on resettlement, trainingand jobs for the people who are using the land that is expected to develop thegolf course project and local labour.
At the same time, they must implement requirements oninfrastructure of transport, electricity and tapped water; waste watertreatment and environmental protection during development of the golf courseproject.
The investors are prohibited to abuse golf course business toorganise illegal gambling activities.
The Ministry of Planning and Investment has proposed thedevelopment of golf course projects according to business conditions after the developmentof golf course projects under the planning has not reached efficiency asexpected.
According to the Decision 1946/QD-TTg dated November 26, 2009of the Prime Minister on Vietnam’s development planning on golf course, thecountry has 89 golf courses in 2020.
However, after 10 years of implementation, the Statemanagement agencies have realised that the management of golf course projectsunder the planning has had many inadequacies.
The ministry reported that up to now, there are only nearly30 golf course projects put into operation. Investors of the remaining numberof golf course projects have not had enough conditions to put investment indeveloping those projects.
Meanwhile, many investors have enough financial potential todevelop golf course projects but they could not do because their projects arenot put in the State development planning.
In addition, the current management of golf course investmentand commercial operation is not following market rules./.