List of projects of investment using land shall be made on the basis of socio-economic development plans; annual land use plans; lists of approved projects that need land withdrawal, and overall planning on a scale of 1:2000 spatial planning on a scale of 1:500 (if any).

Through the receiving and responding system to businesses’ recommendations, Tam Minh Construction Corporation, a 100% private capital firm located in Hanoi, now wishes to change land used for investing the project of commercial housing to meet the approved planning. While its land lease term for commercial use is 50 years, the firm wishes to know that whether they are designated as an investor or they have to take part in the bidding procedures for selection of investors.

Regarding this issue, the Ministry of Planning and Investment answers as follows:

Point b, Clause 1, Article 1 of Decree No. 30/2015/NĐ-CP stipulates the scope of the Decree, including projects of investment using land with high commercial value that require investor selection on the list of approved projects prescribed in Point b Clause 1 Article 10 of Decree to develop constructions in urban areas, new urban areas; commercial housing, commercial and service works; multi-purpose complexes that are not the cases mentioned in Point a of this Clause.

Pursuant to Point a, Clause 1, Article 10 of the Decree above, list of projects of investment using land shall be made on the basis of socio-economic development plans; annual land use plans; lists of approved projects that need land withdrawal, and overall planning on a scale of 1:2000 spatial planning on a scale of 1:500 (if any).

To ensure the rights of land users of land used for long and stable term prescribed in Article 125 of the Law on Land, land shall be identified as land under the governance and usage of the State or will be withdrawal by the State (stated in the list of projects of land withdrawal approved by the Provincial-level People’s Committee as stipulated in clause 3, article 45, Law on Land)

Those land plots that are not the cases mentioned above are not subject to bidding for selection of investors under the provisions of Decree No. 30/2015 / ND-CP.