Legal Requirements for Investing in the Construction and Operation of Industrial Parks in Vietnam

Vietnam is emerging as an attractive destination for investors in industrial park construction thanks to its strategic geographic location, abundant labor force, and the Government’s open policies. However, to realize an industrial park project, investors need not only strong capital but also must meet a series of complex legal requirements. Having a clear understanding of the legal framework is a mandatory step if the project is to be implemented smoothly and to minimize legal risks later on.

Legal framework governing investment, development, and operation of industrial parks

Investment in constructing and operating industrial parks is regulated by many important legal documents, including the Investment Law, the Land Law, the Enterprise Law, the Construction Law, the Environmental Protection Law, along with related decrees and circulars.

Laws and policies managing industrial parks in Vietnam

Investors need to pay attention to Decree 35/2022/ND-CP, the current legal document that provides detailed rules on the management, planning, establishment, and operation of industrial parks. This acts as a “compass” for the entire process of industrial park development, from when a project is still on paper until it becomes operational. In addition, there are legal instruments related to public investment, bidding, and construction management that must be studied carefully.

Legal conditions to build an industrial park

To build and operate an industrial park, investors must meet certain legal conditions to ensure transparency and effective state management in this sector.

Condition regarding investor’s status

Only enterprises legally established in Vietnam or foreign investors who have completed investment registration procedures are permitted to be project owners of an industrial park. Investors need to demonstrate financial capacity, experience in implementing similar projects, and possession of land fund compatible with approved planning.

Condition regarding land fund and planning

An industrial park can only be established if it is within a national-level or provincial-level industrial park development plan already approved. This means investors need to liaise with the Department of Planning and Investment, the Department of Natural Resources and Environment, and other relevant units to identify suitable land location and carry out steps to adjust or supplement planning if necessary.

Condition regarding technical infrastructure and environment

Before implementation, an industrial park project must have an approved environmental impact assessment. Additionally, investors must commit to invest in building the infrastructure system in a coordinated manner: internal roads, electricity, water supply, drainage, wastewater treatment, fire protection… Particularly, regulations on constructing a centralized wastewater treatment system meeting standards are mandatory during document appraisal.

Legal procedures to complete before breaking ground on an industrial park project

Starting from the investment preparation stage, investors must carry out many administrative procedures with competent state agencies. Below are the most important legal steps:

Procedure of applying for investment policy decision

Investors need to prepare a dossier to request an investment policy decision submitted to the Provincial People’s Committee or the Prime Minister depending on the scale of the project. The dossier includes project proposal, financial capacity, planning scheme, preliminary environmental impact assessment and related legal documents.

Procedure for establishing a company and obtaining Investment Registration Certificate

After being approved for investment policy, investors proceed to register a company and apply for the Investment Registration Certificate. This is a prerequisite for performing later steps in project implementation.

Procedure for change of land use purpose and issuance of Land Use Right Certificate

To build on agricultural land, forest land, or unused land, the investor must carry out the procedure for converting land use purpose. Then, enter into land lease contracts and be granted Land Use Right Certificates (red books) either by annual rent or one-time payment for the whole lease period.

Procedure for approval of detailed planning and issuing construction permit

Investors need to prepare detailed planning at a 1/500 scale and submit for appraisal and approval at the provincial People’s Committee. Then prepare dossier to apply for the construction permit for the industrial park in accordance with current standards.

Procedures for environment and fire safety

The project must have an approved environmental impact assessment report (EIA), environmental protection plan, and a fire protection system that meets standards. These are mandatory requirements before starting construction and operation.

Legal consulting and support to help investors save time and costs

Investing in industrial parks is not only about legal paperwork, but also requires the skill to coordinate effectively with state bodies, practical understanding, and flexibility in handling situations. A small mistake may lead to delayed timelines or serious administrative penalties.

At DEDICA Law Firm, we provide comprehensive legal advisory services in the field of industrial park investment and construction. Our team of lawyers not only understands the law but has rich real‑world experience, supporting many large industrial park projects across the country—from company formation, planning approval, land handling to operation, environmental protection and resolving arising disputes.

We accompany you from the investment preparation stage until the industrial park officially enters stable operation, ensuring all procedures comply with regulations, saving time and costs for investors.

Investing in building industrial parks in Vietnam is a highly potential opportunity but also comes with many legal challenges. Understanding and fully complying with legal requirements not only help investors execute projects effectively but also is a crucial factor in building credibility and sustainable development.

If you are planning to invest in an industrial park in Vietnam, do not hesitate to contact DEDICA ‒ a trusted legal partner of domestic and international investors.
Contact DEDICA Law Firm for in‑depth legal advice!
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