Proposal on bidding to select investors for construction and business of golf courses

1. New regulations on compulsory insurance for third parties in construction

Taking effective from July 1st, 2022, the Government’s Decree 20/2022/ND-CP issued on March 10th, 2022 amending Decree 119/2015/ND-CP on November 13th, 2015 stipulates compulsory insurance in construction investment activities.

In particular, Decree 20/2022/ND-CP requires civil liability insurance for third parties.

Regarding the one who must buy compulsory insurance in construction investment activities, the Decree amends Clause 3, Article 4 as follows: Construction contractors must buy compulsory insurance for their employees on-site and compulsory civil liability insurance for third parties.

2. Proposal on bidding to select investors for construction and business of golf courses

The Ministry of Planning and Investment is publishing the draft Circular guiding bidding for selecting investors to implement investment projects on construction and business of golf courses for public comments.

According to the draft, the bidding conditions for investment projects on construction and business of golf courses include: belonging to the list of projects that need to be acquired land approved in accordance with the law on land, belonging to the land area currently under management of the State and will be approved by the competent authority to allocate or lease land to investors; being consistent with the provincial socio-economic development plannings and plans, 1/2,000 or 1/500 construction plannings or the urban zoning planning with the ratio of 1/2,000 or 1/5,000 as prescribed by law; being ineligible to organize an auction of land use rights in accordance with the law on land. 

The list of investment projects in the construction and business of golf courses must be selected according to the form of bidding. Investment projects on construction and business of golf courses are subject to approval of investment policies according to the provisions of the law on investment. Based on the decision approving the investment policy of the project, the Department of Planning and Investment shall be responsible for the prime responsibility for, and coordinating with relevant agencies in, determining the preliminary requirements on the investor’s capacity and experience, reporting to the provincial People’s Committee for approval before announcing the project list. 

The order and procedures for bidding to select investors to implement investment projects on golf course construction and business shall comply with the provisions of Article 16 of Decree 25/2020/ND-CP detailing the implementation of the Bidding Law on investor selection (amended and supplemented in Decree No. 31/2021/ND-CP).

Download the legal update as a pdf here.

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