Quyết định 1946/QD-TTg

DECISION

APPROVING THE PLANNING ON VIETNAM'S GOLF COURSES UP TO 2020

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
At the proposal of the Minister of Planning and Investment in Report No. 7936/TTr-BKH of October 16, 2009, and Official Utter No. 8915/ BKH-CLPT of November 18, 2009,

DECIDES:

Article 1. To approve the planning on Vietnam's golf courses up to 2020, with the following principal contents:

1. Objectives:

To build golf courses in appropriate locations in all regions throughout the country; to use land economically and effectively so as to contribute to promoting economic, tourist, sport and service development in localities; and to create jobs and increase state budget revenues, ensuring effective and sustainable development.

2. Viewpoints

a/ Golf courses shall be built under plannings approved by competent authorities aiming to facilitate the local economic restructuring along the line of increasing services and tourism and considering the socio-economic efficiency as a basis for assurance of sustainable environmental development;

b/ Golf courses shall be planned and built into modern and environmentally friendly ones so as to ensure a green environment in the development planning;

c/ Golf courses shall be built in conformity with local practical conditions and national socio­economic development orientations in each period;

d/ Golf course projects are not allowed to use land under rice or vegetables, land planned for industrial parks or urban centers, and forest land (especially protection forests and special-use forests);

e/ Golf course projects are not entitled to financial supports from the state budget for the construction of infrastructure facilities inside and outside their functional areas;

f/ Apart from the profit purpose, the building of golf courses must satisfy community demands for recreation and physical strength development.

3. Conditions on formulation

a/ Golf course projects must be in line with local socio-economic development master plans and land-use plannings already approved by competent authorities;

b/ Golf course projects must be implemented in geographical areas suitable to their requirements and objectives, satisfy conditions on infrastructure facilities such as traffic, electricity and water, and meet requirements on wastewater treatment and sustainable environmental protection;

c/ The maximum land area for a 18-hole golf course is 100 hectares;

d/ A golf course must not use more than 5 hectares of one-crop low-yield rice fields;

e/ The implementation of a golf course project must not exceed 4 years after the project is licensed;

f/ The process of evaluation and grant of investment certificates and examination of operation of golf course projects must comply with the Land Law and current legal provisions;

g/ Golf course projects must strictly abide by environmental standards as prescribed by the environment law.

4. Construction criteria

a/ The most important general criterion of a golf course is to absolutely refrain from using two-crop rice fields. In case it is necessary to use land under rice for building golf courses, only one-crop low-yield rice fields may be used but the area of used rice fields must not exceed 5% of the total area of the golf course approved by a competent authority. It is also prohibited from using land planned for construction of industrial parks and urban centers and forest land (especially protection forests and special-use forests) for golf courses;

b/ Evaluation of socio-economic efficiency in pre-feasibility reports, covering:

- Planned golf course projects will make great contribution to the GDP and create jobs when they are put into operation.

- Golf course projects will not cause harms to the environment (environmental impact assessment for each project is required).

- Employment for persons subject to land recovery for golf course projects will be basically assured.

- Golf course projects will neither affect nor cause harms to tangible and intangible cultural heritages and beauty spots while assuring national defense and security.

- Tentative implementation schedules of golf course projects;

c/ The planned locations of golf courses will be mainly in midland and mountainous areas, coastal sandy areas in Central Vietnam and major tourist resorts in each region and nationwide;

d/ Support facilities of golf courses may only be built in land already allocated for the construction of golf courses, it is strictly prohibited from using land allocated for golf courses to build houses or villas for sale or transfer.

The proportion of land areas used for construction of low-storied houses for lease to the total land area allocated or leased to investors for a golf course must not exceed 10% and the aggregate construction density of a golf course must not exceed 5% of the area of the golf course project (according to Point 2.8.7 - Aggregate construction density - of the national technical regulation on construction planning issued together with the Construction Ministry's Decision No. 04/2008/QD-BXD of April 3, 2008);

e/ Golf course investment projects shall make investment in technical infrastructure facilities, roads and water supply by themselves. In cases of using ground water, permission of competent authorities is required;

f/ Golf course investment projects must be formulated, evaluated and approved and have environmental impact assessment reports in accordance with law. Environmental impact assessment reports serve as a basis for management of operation of each golf course in terms of environment aspects and must be considered and evaluated by competent agencies before an investment certificate is issued:

g/ Regions, urban centers, big cities and major tourist resorts must have planning on locations of public golf courses in service of the community. Based on socio-economic development objectives of cities and urban areas, provincial-level People's Committees shall coordinate with concerned ministries and branches in considering the need for development of public services, criteria on construction of golf courses and local socio-economic development conditions to plan public golf courses for community utility;

h/ Investors in golf course projects must satisfy the following conditions:

- Being qualified and financially capable, and having specific solutions, plans and commitments on employment of laborers, especially laborers from households subject to land recovery for construction of golf courses.

- Complying with legal provisions in the process of building golf courses, from the stage of basic survey, compensation for ground clearance to construction and operation.

- Applying modern technical solutions in the operation process, especially to wastewater treatment, chemical spraying, plant nurturing and environmental protection.

- Carrying out investment procedures according to regulations and implementing projects according to set schedules right after obtaining investment licenses. Investment licenses granted to golf course projects will be withdrawn if these projects are not implemented 12 months after the date of licensing. Golf course projects must be completed and put into operation within 48 months after being licensed by competent agencies;

i/ Golf course projects which have been granted investment certificates and are currently under construction, and projects which have been completed and put into operation before the effective date of this Regulation may continue their operation but must satisfy the conditions prescribed in this Decision. Projects which have been granted investment certificates under this planning but not yet implemented must satisfy all conditions and criteria prescribed in this Decision.

Article 2. Orientations for planning golf courses in regions and major measures for the implementation of the planning

1. By 2020, there will be 89 golf courses nationwide, including 19 already put into operation (see the enclosed Appendix), in which:

- In the northern midlands and mountainous area: There will be 11 golf course projects, occupying an estimated total area of 1,456 hectares in 5 provinces.

- In the Red River Delta: There will be 16 golf course projects, occupying an estimated total area of 1,909.7 hectares in 6 provinces and cities.

- In the northern Central Vietnam and coastal southern Central Vietnam: There will be 29 projects, occupying an estimated total area of 2,943 hectares in 12 provinces and cities.

- In the Central Highlands: There will be 8 projects, occupying an estimated total area of 839 hectares in 3 provinces and cities.

- In the southeastern region: There will be 21 projects, occupying an estimated total area of 2,376 hectares in 5 provinces and cities.

- In the Mekong River delta: There will be 4 projects, occupying an estimated total area of 461 hectares in 3 provinces and cities.

2. Major measures to implement the planning

- Promulgating technical standards on golf courses and environmental regulations applicable to golf course projects;

- Assuring the observance of plannings approved by competent agencies as well as the compatibility with socio-economic development plannings and plannings on development of urban centers, industrial parks, hi-tech parks and eco-tourist resorts in the construction of golf courses. Ensuring close coordination among ministries, central agencies and localities in directing the implementation of projects involving golf business;

- Capital sources for investment in golf courses include capital of domestic investors, capital of foreign investors or joint-venture capital of domestic and foreign investors. The use of state budget capital to support the construction of golf courses may be considered on a case-by-case basis when the State builds golf courses for the community;

- Building a modern infrastructure system and creating a favorable environment for domestic and overseas enterprises to invest in economic development in general and construction of golf courses in particular; combining the construction of golf courses with the construction of infrastructure facilities, improvement of people's life and hunger eradication and poverty reduction;

- Requiring environmental impact assessment reports before granting investment certificates for construction of golf courses with the following criteria:

+ Refraining from deforesting or encroaching upon agricultural land for construction of golf courses, affecting the life and work of farmers as well as food security;

+ Planting trees under plannings so as to improve and protect the environment;

+ Using chemicals which have been tested and proved to be safe and harmless to the environment in the construction and operation of golf courses;

+ Examining and supervising the investment in construction of golf courses against commitments and investment certificates.

- Adopting policies towards local people such as employment of laborers, provision of job-training supports by enterprises to local laborers; studying and applying the join-stock model to projects using agricultural land.

Article 3. Organization of implementation

1. Ministries, branches and localities shall base themselves on this Decision to disseminate and publicize the planning on Vietnam's golf courses up to 2020. Concerned ministries and branches shall, based on their prescribed functions, tasks and competence, coordinate with, and assist localities in, organizing the
implementation of this Planning.

Provincial-level People's Committees shall direct the construction of golf courses in strict accordance with this Decision and work out plans to adjust plannings and plans on the construction of golf courses in their localities so as to suit practical conditions and meet international integration requirements.

2. Responsibilities of ministries, branches and localities:

a/ The Ministry of Planning and Investment shall:

- Elaborate and promulgate criteria for evaluation of socio-economic efficiency of golf course projects; monitor, urge, inspect and supervise investment in construction of golf courses under the planning set in this Decision so as to ensure their conformity with local and national socio-economic development;

- Assume the prime responsibility for, and coordinate with concerned ministries, branches and localities in, evaluating and reporting to the Prime Minister on the adjustment and supplementation of golf course plannings; assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development and the Ministry of Natural Resources and Environment in, evaluating golf course projects under this planning for which investment certificates are issued by local administrations;

- Monitor the implementation of the planning, investment in golf courses and newly arising matters so as to report them to the Prime Minister for consideration and proper adjustment and supplementation.

b/ Other ministries and branches shall, based on their assigned functions and tasks, coordinate with the Ministry of Planning and Investment in directing their local agencies in monitoring, guiding and supervising the implementation of the planning, in which:

- The Ministry of Construction shall promulgate regulations and guide the elaboration of plannings on construction of golf courses; technical standards on golf courses; urban plannings, plannings on rural residential quarters and infrastructure facilities related to the planning; supervise the observance of the Construction Law, and perform urban management and development in regions where exist golf course projects.

- The Ministry of Culture, Sports and Tourism shall assume the prime responsibility for, and coordinate with concerned agencies in, studying and promulgating regulations on the implementation of tourism, cultural, physical training and sports plannings related to operation of golf course projects; assume the prime responsibility for, and coordinate with the Ministry of Construction and functional branches in, promulgating basic technical standards applicable to golf course projects and supervising the observance of these technical regulations.

- The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with concerned ministries and branches in, formulating and publicizing contents and criteria of environmental impact assessment of golf courses; direct and guide localities in managing and using land for investment in construction of golf courses in accordance with the land law; perform the state management of land, evaluate environmental impact assessment and participate in the appraisal of land and water needs of golf course projects;

It shall also study and assess environmental impacts of the operation of golf courses and work out regulations on environmental protection in the construction and operation of golf courses; coordinate with and direct localities to scrutinize licensed projects in order to raise investment efficiency and avoid wasteful use of land resources.

- The Ministry of Agriculture and Rural Development shall coordinate with the Ministry of Natural Resources and Environment and localities in inspecting and closely controlling the use of agricultural land, especially land under rice, by golf course projects; study and propose to investors plans on employment of laborers whose agricultural land is recovered in combination with the restructuring of agricultural and rural economy, ensuring food security and social welfare.

- The Ministry of Science and Technology shall coordinate with concerned ministries, branches and localities in examining the operation of golf courses by investors so as to control the use of chemicals and fertilizers for timely handling of arising problems.

c/ Provincial-level People's Committees shall:

- Inspect and supervise the construction of golf courses in strict accordance with land-use plannings and plans so as to ensure that the construction of support facilities for operation of golf courses shall only be carried out on land areas already allocated for construction of golf courses and no land will be used to build houses or villas for sale or transfer.

- Direct and guide management boards and investors of golf course projects in building golf courses under plannings as scheduled.

- Based themselves on this Decision, relevant legal provisions and their competence and regulations, decide on and take responsibility for the grant and revocation of golf course investment licenses according to regulations.

- Annually, report on the implementation of the planning and propose amendments and supplements thereto to the Ministry of Planning and Investment for summing up and reporting to the Prime Minister.

Article 4. This Decision takes effect on the date of its signing.

Article 5. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decision.

APPENDIX

LIST OF GOLF COURSES PLANNED FOR DEVELOPMENT UP TO 2020

(To the Prime Minister's Decision No. 1946/QD-TTg of November 26, 2009, approving the planning on Vietnam's golf courses up to 2020)