Tiếng Việt
中文Quick answer: An investor requesting the State to allocate land, lease land, or permit a change of land use purpose must make a deposit or have a credit institution’s guarantee for the deposit obligation, at a level calculated on a progressive basis: 3% on the portion of investment capital up to VND 300 billion, 2% on the portion above VND 300 billion to VND 1,000 billion, and 1% on the portion above VND 1,000 billion (Article 30 of the Law on Investment 2025; Clause 2, Article 27 of Decree 96/2026/ND-CP). This is a measure for guaranteeing investment project implementation, distinct from bid security in procurement.
Legal basis
- Law on Investment 2025 (143/2025/QH15, effective from 01/03/2026) — Article 30: guaranteeing investment project implementation;
- Decree 96/2026/ND-CP (effective 31/3/2026, replacing Decree 31/2021/ND-CP) — Articles 26 and 27: guaranteeing and procedures for guaranteeing project implementation.
Principles of investment project implementation
Under the Law on Investment 2025, investors implement investment projects in accordance with the following principles:
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- Projects subject to investment policy approval: must obtain policy approval before implementation;
- Projects subject to Investment Registration Certificates: must complete certificate issuance procedures before implementation;
- During implementation, the investor must comply with laws on planning, land, environment, construction, labor, fire prevention and fighting, and the contents of the approval document/certificate.
Guaranteeing investment project implementation (Article 30, Law on Investment 2025)
Subjects required to make deposits: investors requesting the State to allocate land, lease land, or permit a change of land use purpose, except in the following 05 cases:
- Winning a land use right auction (no longer distinguished between one-time and annual land rental payment, unlike under the Law on Investment 2020);
- Winning a bid to implement an investment project using land;
- Receiving transfer of an investment project for which a deposit was made or for which capital contribution and mobilization were completed on schedule as stated in the investment policy approval document or Investment Registration Certificate;
- Receiving transfer of land use rights and land-attached assets from another land user;
- Winning a mineral mining right auction (new exemption compared with the Law on Investment 2020).
Deposit level: calculated as a percentage of the project’s investment capital on a progressive basis: 3% on the portion of capital up to VND 300 billion; 2% on the portion above VND 300 billion to VND 1,000 billion; 1% on the portion above VND 1,000 billion (Clause 2, Article 27 of Decree 96/2026/ND-CP). The investment capital used as the calculation basis excludes land use fees, land rental payable to the State, and construction costs of works that the investor is obliged to hand over to the State for management after completion (Clause 3, Article 27). Investors are entitled to a 25% reduction (investment-incentive sectors/occupations; difficult socio-economic areas) or a 50% reduction (especially investment-incentive sectors/occupations; especially difficult socio-economic areas) under Clause 4, Article 27.
Procedure: the obligation to guarantee project implementation is performed on the basis of a written agreement between the investment registration authority and the investor (Articles 26 and 27 of Decree 96/2026/ND-CP). The investor makes the deposit or submits the guarantee commitment after being granted the Decision on investment policy approval simultaneously with investor approval or the Decision on investor approval, and before organizing the approved compensation, support and resettlement plan or before the issuance of the decision on land allocation, land lease or land use purpose change (Point a, Clause 5, Article 27).
Frequently asked questions
When is the deposit refunded?
The deposit is refunded when the investor completes capital contribution and mobilization on the committed schedule (Clause 9, Article 27 of Decree 96/2026/ND-CP); in case of schedule violations, it may be recovered as prescribed.
How does the investment deposit differ from bid security?
The deposit under Article 30 of the Law on Investment 2025 is the investor’s obligation to the State in land-using projects; bid security is an obligation in bidding under bidding law. The two mechanisms are independent.
What about projects that made deposits under Decree 31/2021?
Deposit obligations performed under Decree 31/2021/ND-CP before 31/3/2026 are handled under the transitional provisions (Article 102 of Decree 96/2026/ND-CP; Article 52 of the Law on Investment 2025); investors are not required to re-carry out investment policy approval procedures for projects already approved before the Law on Investment 2025 took effect.
To determine the deposit obligation and applicable deposit level for your project, you should contact ANT Legal’s lawyers at 0966.475.966 for a review and advice before proceeding.
This article was reviewed by ANT Legal’s AI Legal Council under its internal 7-step process (cross-checked against current law — Decree 96/2026/ND-CP and the Law on Investment 2025, effective from 31/3/2026 and 01/3/2026). This is not confirmation that a human lawyer has reviewed your specific matter.
