Golf course business: Conditions and licensing procedures

Golf course business is a conditional business, requiring investors to fully meet regulations on investment, land, construction,… This article will provide customers with detailed information about the conditions and procedures for applying for a golf course business license in Vietnam.

Golf course business conditions

To operate a golf course, customers need to fully meet the following conditions:

Conditions on golf course construction locations

The golf course construction location must meet the following requirements in Article 5 of Decree 52/2020/ND-CP:

• In accordance with the principles specified in Article 3 of Decree 52/2020/ND-CP and meets land use conditions;
• In accordance with development orientation, spatial arrangement and resource allocation for socio-economic activities, national defense, security, and environmental protection according to provincial planning, district-level land use planning and relevant planning;
• Meets the conditions for building landscape works and technical infrastructure connecting inside and outside the golf course area;
• Comply with the requirements for establishing a corridor to protect water resources, prevent and combat pollution, degradation and depletion of water resources according to the provisions of the law on water resources and the requirements according to the provisions of the law on dikes, natural resources and environment of sea and islands.

Land use conditions for golf course project implementation

Article 6 of Decree 52/2020/ND-CP clearly stipulates types of land that cannot be used to build golf courses, including:

• Land used for defense and security purposes.
• Forest land and rice land, except for the cases specified in Clauses 2 and 3, Article 6 of Decree 52/2020/ND-CP.
• Land in areas with original elements constituting historical-cultural relics, ranked scenic spots, relics on the inventory list of the Provincial People’s Committee, except for the case specified in Clause 4, Article 6 of Decree 52/2020/ND-CP.
• Land for construction of industrial parks, industrial clusters, concentrated information technology parks, high-tech parks.
• Land within the scope of dike protection and coastal protection corridors according to the provisions of the Law on Dikes and the Law on Natural Resources and Environment of Sea and Islands.

The Decree also specifically regulates the use of rice cultivation land, production forest land and land in the area surrounding or adjacent to the area with original elements constituting a monument to build a golf course.

Conditions for construction and expansion of golf courses

According to Article 7 of Decree 52/2020/ND-CP, golf course construction and expansion must comply with the following regulations:

• Area: Standard 18-hole golf course no more than 90 hectares, average no more than 5 hectares/hole. First-time construction projects must not exceed 270 hectares (54 holes).
• Construction density: Follow National Technical Regulations on Construction Planning (Article 7 of Decree 52/2020/ND-CP).
• Completion deadline: complete construction of the golf course within no more than 36 months (for 18-hole golf courses) or no more than 48 months (for other golf courses) from the date of decision to lease the land.
• Project expansion: it has been decided that the investment policy will only be considered after the project has completed construction, been put into operation and meets the conditions in Articles 5 and 6 of Decree 52/2020/ND-CP.
• Subsequent projects: will only be considered after the golf course project for which the previous investment policy has been decided is completed and put into operation.

Conditions for investors

Article 8 of Decree 52/2020/ND-CP clearly states the conditions for investors:

• Meet the conditions of financial capacity and conditions for land lease and change of land use purpose to implement the golf course project; deposit to ensure project implementation (in cases where a deposit is required).
• Have solutions, plans and commitments to support resettlement, training, and appropriate labor use for current land users of the golf course project and local workers.
• Self-ensuring the necessary requirements and conditions regarding traffic, electricity and water infrastructure; wastewater treatment and environmental protection..

Procedures for granting certificates of eligibility for golf course business

According to regulations in Decision 775/QD-BVHTTDL 2024, procedures for granting golf course business certificates are carried out as follows:

Prepare documents

Profile includes:

• Application for issuance of certificate of eligibility for sports activities business (according to form 02 Appendix III of Decree 31/2024/ND-CP).
• Copy of Business Registration Certificate.
• Summary of preparation of business conditions (according to Form 03 Appendix to Decree 36/2019/ND-CP).

Implementation steps

Procedures for granting a certificate of eligibility for sports activities business for Golf are as follows:

Step 1: Submit application

Enterprises send documents to the specialized agency in physical education and sports under the Provincial People’s Committee where the sports business location is registered or where the enterprise is headquartered in case the enterprise has multiple business locations.

Submit application through one of the following methods:

• Submit directly;
• By post;
• Or in the electronic environment.

Step 2: Receive and process documents

• After receiving the application, the enterprise receives a document receiving the application.
• In case the dossier needs to be revised or supplemented, the Certificate issuing authority shall directly or in writing notify the enterprise of the contents that need to be revised or supplemented within 03 working days from the date of receipt of the dossier.

Step 3: Issue certificate

Within 07 working days from the date of receipt of complete and valid documents, the competent authority shall issue a certificate of eligibility for golf course business.

Consulting services and support for applying for golf course business licenses

To ensure the licensing process goes smoothly, customers can use Long Phan’s consulting services.

Our services include:

• Consulting on choosing suitable location and type of business.
• Consulting on conditions and procedures for applying for a golf course business license.
• Drafting applications for golf course business licenses.
• Instructions on the order and procedures for quickly applying for a golf course business license.
• Representing customers to submit applications and monitor application processing progress at the competent authority.
• Consulting and answering other issues related to golf course business.

Golf course business brings many economic benefits but at the same time requires investors to comply with the law. Customers need to carefully learn about the conditions and licensing procedures to ensure business operations run smoothly. For detailed advice, please contact us via the hotline: 0906735386.