Significant Amendments Of Law On Tendering 2023

On 23 June 2023, the National Assembly adopted the new Law on Tendering effective from 1 January 2024 (Law on Tendering 2023). In an effort to foster a more competitive market, the Law on Tendering 2023 introduces significant amendments regarding the scope of application, methods, and procedures for selecting tenderers and investors. This post will summarize some notable changes in the Law on Tendering 2023.

1)         Amendments to the scope of application

Under both the Law on Tendering 2023 and the old Law on Tendering 2013, the selection of investors for (1) projects using land in accordance with the law on land, and (2) other projects in accordance with specific laws must comply with the tendering procedures.  The Law on Tendering 2023 provides for certain changes relating to such cases.

Regarding projects using land, the above requirement appears to refer to the circumstances of land allocation and land rental via tender procedure as set forth in the new Land Law effective from 1 January 2025 (Land Law 2024). Under the Land Law 2024, the provincial People’s Council must decide to allow a project  using land to be tendered. This condition is not provided in the Land Law 2013 and the Law on Tendering 2013.

With respect to other projects in accordance with specific laws, under Decree 23/2024 implementing the Law on Tendering 2023, the Government specifies projects subject to tendering under specific laws. Such projects include, for example, investment projects for the renovation and reconstruction of apartment buildings, or investment projects for the construction of domestic solid waste treatment works. Previously, the Law on Tendering 2013 did not provide for further clarification on this issue.  

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Written by Nguyen Quang Vu On In ,

Comments on Draft Vietnamese Land Law 2023

In recent months, the Government has published the draft Land Law 2023 and asked for public comments. In March 2023, Venture North Law submitted to the Ministry of Natural Resources and Environment our comments to the draft . The comments are contributed by Nguyen Quang Vu, Nguyen Bich Ngoc, Nguyen Hoang Duong and Ha Kieu Anh. A copy of our comments in both English and Vietnamese can be downloaded here. Be prepared! The document is 200 page long.

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Written by Nguyen Quang Vu On In ,

Comparison: Investment inside vs. outside an industrial park/industrial cluster in Vietnam

As Vietnam is on its way to become a new global manufacturing hub, many investors now consider the country as a new destination for their manufacturing business. However, finding the right location to implement the proposed project may be a vexed question.

In general, the following options are available for the investor:

  • Option 1: Acquisition of land inside industrial manufacturing-oriented zones, which include industrial park (IP) and industrial cluster (IC); and

  • Option 2: Acquisition of land outside the industrial manufacturing-oriented zones.

In this article, we discuss and compare the available options based on specific criteria and from both legal and practical perspectives to assist investors in making their best decision.

With respect to the industrial manufacturing-oriented zones, the law distinguishes between IP and IC based on certain criteria. In addition, the legal frameworks applied to investment in the IP and IC may sometimes be different. Accordingly, doing investment inside the IP and IC will be discussed separately as two potential options, where applicable.

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Written by Lawyers VNLaw On In , ,