Investors of high-tech zone infrastructure construction and business projects

Investors of high-tech zone infrastructure construction and business projects are strictly regulated within the current Vietnamese legal framework. Investors must demonstrate financial capacity and operational experience to ensure the actual progress of the project. Long Phan Consulting Company provides a technical analysis of these legal provisions to support developers in high-tech and industrial sectors.

What conditions must be met for investment in industrial park infrastructure?

Pursuant to Decree 35/2022/NĐ-CP (amended by Decree 178/2025/NĐ-CP), infrastructure projects must align with comprehensive planning and land-use standards.

• Planning Alignment: Projects must be consistent with regional and provincial planning, as well as the approved list of industrial parks or economic zone master plans.
  • Long Phan Consulting Company verifies the project’s compliance with authorized industrial park planning.
  • Our experts analyze the phasing requirements; for example, projects exceeding 500 hectares must be divided into stages.
  • We facilitate the technical assessment for converting paddy land, ensuring each phase remains within statutory limits (e.g., 200 hectares in the Mekong Delta).
• Land Use and Policy Compliance: Investors must allocate a minimum of 5 hectares or 3% of industrial land for SMEs, supporting industries, and innovative startups.
  • Consultants assist in meeting the land conversion conditions under land and forestry laws.
  • Long Phan Consulting Company monitors the “occupancy rate” requirement, ensuring the province’s existing industrial parks reach at least 60% before new investment approval.
  • We identify exemptions for high-tech or ecological industrial parks regarding occupancy rates and land allocation ratios.
• Social Infrastructure: Projects must include approved plans for housing and public utility services for workers.
  • Our team ensures that expanded industrial parks can connect with existing technical infrastructure.
  • Long Phan Consulting Company facilitates the documentation for wastewater treatment and environmental protection systems as required by law.
  • We verify the operational status of utilities in existing phases before expansion permits are granted.

>>>See more: Deregistration of Lease or Sublease of Land Use Rights in Infrastructure Projects

What conditions must investors meet when undertaking projects to build and operate industrial park infrastructure?

Based on Clause 1, Article 10 of Decree 35/2022/ND-CP, amended and supplemented by Point a, Clause 8, Article 28 of Decree 178/2025/ND-CP:

• Conditions for conducting real estate business as stipulated by the law on real estate business;
• The conditions for the State to allocate land, lease land, or change the land use purpose for the implementation of investment projects to build and operate industrial park infrastructure are governed by the laws on land, forestry, and other relevant laws.
• In cases where the investor implementing the project to build and operate industrial park infrastructure is an economic organization that a foreign investor intends to establish in accordance with the laws on investment and the laws on enterprises, the intended economic organization must be capable of meeting the conditions for the State to allocate land, lease land, and permit the conversion of land use purposes in accordance with the laws on land, forestry, and other relevant laws.

What are the evaluation criteria for selecting investors to undertake projects for the construction and operation of industrial park infrastructure?

Based on Clause 2, Article 10 of Decree 35/2022/ND-CP, amended and supplemented by Point a, Clause 8, Article 28 of Decree 178/2025/ND-CP:

• The criteria for evaluating investor capacity are based on the conditions stipulated in Clause 1, Article 10 of Decree 35/2022/ND-CP;
• The criteria for evaluating the investor’s experience are based on the scale of the area, implementation progress, and performance of the industrial park infrastructure construction and business investment project or other real estate project that the investor has undertaken or has contributed equity to; and the ownership, members, or founding shareholders of the investor’s organization that have undertaken or contributed equity to the project.
• Technical evaluation criteria are developed based on the content of the Decision approving the industrial park planning, the Decision approving the investment policy for the construction and business of industrial park infrastructure by the competent authority, and other relevant legal provisions;
• The financial and commercial evaluation criteria are based on the content of the Decision approving the investment policy for the construction and operation of industrial park infrastructure by the competent authority and other relevant legal regulations concerning the selection of investors to implement land-use investment projects.

>>>See more: Can Foreign Investors Invest in High-Tech Zones in Vietnam?

Long Phan Consulting Company provides consulting services on the conditions for Investors of high-tech zone infrastructure construction and business projects

Long Phan Consulting Company provides comprehensive solutions for enterprises investing in high-tech and industrial park infrastructure. We handle the technical complexities to ensure your project receives the necessary approvals.

• Assessing company profile and advising on optimal capital structure options.
• Assistance in carrying out procedures for obtaining Investment Registration Certificates and approving detailed planning at a scale of 1/500.
• Prepare and finalize the registration documents for changes in ownership.
• We represent you in working with government agencies to explain the technical and technological aspects of your project.
• Provide support in reviewing regulations on tax incentives, land lease fee exemptions and reductions, and specific investment support policies in high-tech zones.

Frequently Asked Questions regarding Investors of high-tech zone infrastructure construction and business projects

Below are frequently asked questions regarding the requirements for investors in projects to build and operate infrastructure in high-tech zones. Please feel free to refer to them if you are interested.

How should the investment project for the construction and operation of infrastructure in a high-tech industrial park be understood?

According to Clause 12, Article 2 of Decree 35/2022/ND-CP, the investment project for the construction and operation of high-tech industrial park infrastructure is defined as an investment project that uses land to build a comprehensive technical infrastructure in the industrial park and leases or subleases land to investors for the construction of factories, offices, warehouses, service facilities, public utilities, and for implementing investment projects, organizing production, and conducting business in accordance with the law.

Are investors allowed to sublease land within high-tech zones?

According to Clauses 2 and 3 of Article 202 of the 2024 Land Law, investors who have been granted land leases by the State for investment in the construction and business of industrial park and industrial cluster infrastructure in the form of annual land rent payments have the right to switch to a one-time land rent payment for the entire lease period for all or part of the business land area.

What is the current maximum percentage of ownership that foreign investors can hold in a publicly traded company?

Clause 1 of Article 139 of Decree 155/2020/ND-CP specifies the maximum foreign ownership ratio as follows:

• Public companies operating in industries or business sectors where international treaties to which Vietnam is a party stipulate provisions regarding foreign ownership shall comply with those international treaties.
• Public companies operating in industries or business sectors where relevant laws provide for foreign ownership shall comply with the provisions of those laws;
• Public companies operating in industries or business sectors listed in the restricted market access category for foreign investors shall comply with the regulations on foreign ownership in that category. In cases where the conditional market access category does not specifically stipulate the percentage of charter capital ownership by foreign investors in an economic organization, the maximum foreign ownership percentage in the company shall be 50% of the charter capital.
• For public companies not falling under the cases specified in points a, b, and c of Clause 1, Article 139 of Decree 155/2020/ND-CP, the foreign ownership ratio is unlimited;
• In the case of a publicly traded company operating in multiple sectors with different regulations on foreign ownership ratios, the foreign ownership ratio shall not exceed the lowest level among the sectors with such regulations.

For each different industry or sector, the percentage of foreign investor ownership in a business will be regulated by different legal documents related to that industry or sector.

What principles are used to evaluate bids for investment projects involving land use?

Based on Article 50 of Decree 115/2024/ND-CP, amended and supplemented by Clause 33, Article 2 of Decree 225/2025/ND-CP, the principles for awarding contracts for investment projects using land are as follows:

Investors will be considered and recommended for the contract if they meet the following conditions:

• The bid documents are valid;
• Meets competency requirements;
• Meeting the requirements regarding the business investment plan;
• Meeting the requirements for land use efficiency (for cases where land use efficiency assessment standards are applied);
• Meeting the requirements for investment efficiency in the development of industries, sectors, and localities (in cases where evaluation standards for investment efficiency in the development of industries, sectors, and localities are applied);
• There are those with the highest overall scores in terms of capacity, business investment plans, land use efficiency, and investment efficiency in industry, sector, and locality development.

For investors who are not selected, the notification of the investor selection results must state the reasons why the investor was not awarded the bid.

What corporate income tax incentives will investors receive when investing in industrial zones?

Based on Clause 1, Article 22 of Decree 35/2022/ND-CP regulating investment incentives for industrial parks and economic zones, Clause 4, Article 19 of Circular 78/2014/TT-BTC supplemented by Clause 5, Article 11 of Circular 96/2015/TT-BTC on tax rates, and Clause 3, Article 20 of Circular 78/2014/TT-BTC amended by Article 6 of Circular 151/2014/TT-BTC on tax exemption and reduction periods, investments in industrial parks are currently entitled to the following corporate income tax incentives:

• A preferential corporate income tax rate of 20% is applied to: Income of enterprises from investment projects in industrial zones that are considered investment-incentives, which are entitled to investment incentives applicable to areas with difficult socio-economic conditions as stipulated by investment law.
• A preferential corporate income tax rate of 16% is applied to the income of enterprises from investment projects in industrial zones, specifically income from the implementation of new investment projects in the following sectors: High-grade steel production; Energy-saving product production; Production of machinery and equipment for agriculture, forestry, fisheries, and salt production; Production of irrigation equipment; Production and refining of animal feed, poultry feed, and aquatic feed; and development of traditional crafts.
• Tax exemption for 2 years and a 50% reduction in tax payable for the following 4 years for income from new investment projects in industrial parks (Not applicable to industrial parks located in areas with favorable socio-economic conditions as stipulated in Clause 3, Article 20 of Circular 78/2014/TT-BTC).

Conclusion

Mastering the conditions for Investors of high-tech zone infrastructure construction and business projects is the foundation for an optimized investment process. Long Phan Consulting Company is committed to accompanying enterprises in resolving obstacles and executing administrative procedures effectively. For detailed guidance on current 2026 regulations, please contact our hotline at  1900636389