After the decision on land allocation dated November 30, 2005 of the People's Committee of Ho Chi Minh City and the decision on approval of the detailed urban construction planning project at a scale of 1/500 dated June 2, 2006 of the People's Committee of District 9, Mr. Khanh's company carried out the construction of the project's technical infrastructure on the land and was confirmed by the Urban Management Department of District 9 on the construction of the project's infrastructure in 2009.

On February 2, 2015, the company was granted a Certificate of land use rights, house ownership rights and other assets attached to the land by the People's Committee of Ho Chi Minh City.

After being approved by the People's Committee of Thu Duc City to renovate and repair the technical infrastructure system of the Phu Huu Ward Residential Area project on June 16, 2025, the company proceeded to continue construction and implementation of the project.

At Point b, Clause 2, Article 77 of the Investment Law 2020 stipulates: "b) Investment projects are not subject to investment policy approval, investment policy decision, investment approval, and issuance of Investment Registration Certificates in accordance with the provisions of law on investment, housing, urban areas, construction, and investors have implemented investment projects in accordance with the provisions of law before the effective date of this Law".

Mr. Khanh asked, is it correct that his company does not have to carry out investment policy approval procedures in accordance with the provisions of this Law?

Regarding this issue, the Ministry of Finance has the following comments:

The content of the feedback does not have enough information about the project, so the Ministry of Finance has no basis to give specific comments.

According to the content of your feedback, the project has been implemented for a long time (since 2005), the provisions of the law on investment, construction, land, housing, urban areas, planning, real estate business and related legal regulations have changed.

Therefore, I request Mr. Lai Quoc Khanh to review the provisions of the law on: (1) investment (Clause 1, Article 47 of the Investment Law 2005); (2) construction (Clause 1, Article 13 of the Regulations on investment and construction management issued together with Decree No. 52/1999/ND-CP dated July 8, 1999: "For private production and business projects and economic organizations not belonging to state-owned enterprises, investors are solely responsible for business efficiency. Business must comply with the provisions of law. If the project involves construction, the investor must prepare a dossier and submit it to the competent authority to grant a construction permit in accordance with the provisions of this Regulation"; Clause 3, Article 11 of Decree No. 16/2025/ND-CP dated February 7, 2025 of the Government on management of construction investment projects); (3) housing, urban areas (Clause 2, Article 15 of the Regulations on new urban areas issued together with Decree No. 02/2006/ND-CP dated January 5, 2006) (in case of housing projects, urban areas) in effect at the time of project implementation to determine whether the project is subject to procedures for investment policy approval, investment policy decision, investment approval, investment permission, and issuance of Investment Registration Certificates in accordance with the provisions of law on investment, housing, urban areas, and construction.

Based on the responsibility for state management of investment and investment supervision and evaluation stipulated in Articles 69 and 70 of the Investment Law, Mr. Lai Quoc Khanh is requested to discuss with the Department of Finance of Ho Chi Minh City and relevant agencies for consideration and guidance on settlement in accordance with the provisions of law.