Pursuant to the Constitution of the Socialist Republic of Vietnam, which has been amended and supplemented a number of articles according to Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law amending and supplementing a number of articles of the Law on Bidding No. 22/2023/QH15 which has been amended and supplemented a number of articles under Law No. 57/2024/QH15, the Law on Investment in the form of public-private partnership No. 64/2020/QH14 which has been amended and supplemented a number of articles under Law No. 03/2022/QH15, Law No. 28/2023/QH15, Law No. 35/2024/QH15 and Law No. 57/2024/QH15, Law on Customs No. 54/2014/QH13 have been amended and supplemented by Law No. 71/2014/QH13, Law No. 35/2018/QH14 and Law No. 07/2022/QH15, Law on Value Added Tax No. 48/2024/QH15, Law on Export Tax and Import Tax No. 107/2016/QH13, Law on Investment No. 61/2020/QH14 has been amended and supplemented with a number of articles under Law No. 72/2020/QH14, Law No. 03/2022/QH15, Law No. 05/2022/QH15, Law No. 08/2022/QH15, Law No. 09/2022/QH15, Law No. 20/2023/QH15, Law No. 26/2023/QH15, Law No. 27/2023/QH15, Law No. 28/2023/QH15, Law No. 31/2024/QH15, Law No. 33/2024/QH15, Law No. 43/2024/QH15 and Law No. 57/2024/QH15, Law on Public Investment No. 58/2024/QH15, Law on Management and Use of Public Property No. 15/2017/QH14 have been amended and supplemented by Law No. 64/2020/QH14, Law No. 07/2022/QH15, Law No. 24/2023/QH15, Law No. 31/2024/QH15, Law No. 43/2024/QH15 and Law No. 56/2024/QH15.

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Article 6. Amending and supplementing a number of articles of the Law on Investment

1. To amend and supplement a number of points and clauses of Article 16 as follows:

a) Point a Clause 1 is amended as follows:

"a) Hi-tech activities, hi-tech supporting industry products, research and development activities, production of products formed from scientific and technological results in accordance with the law on science, technology and innovation; invest in the construction of large data center infrastructure, cloud computing infrastructure, mobile infrastructure from 5G or higher and other digital infrastructure in the field of strategic technology according to the Prime Minister's decision; investment in the field of strategic technology, production of strategic technology products under the Prime Minister's decision; investment in the field of innovation and digital transformation in accordance with the law on science, technology and innovation;";

b) Point a1 is added after Point a, Clause 1 as follows:

"a1) Training human resources in the fields of science, technology, innovation and digital transformation;";

c) Point dd, Clause 1 is amended as follows:

"dd) Producing digital technology products and providing digital technology services;";

d) Point h, Clause 1 is amended as follows:

"h) Investment in development, operation and management of infrastructure works; to develop public passenger transport in urban areas; railway transport business; railway industry and railway human resource training.";

dd) Point b Clause 2 is amended as follows:

"b) Industrial parks, export processing zones, hi-tech parks, concentrated digital technology parks, economic zones.".

2. Clause 1 of Article 19 is amended as follows:

"1. Based on the planning already decided or approved in accordance with the law on planning, ministries, ministerial-level agencies and provincial-level People's Committees shall formulate development investment plans and organize the construction of technical and social infrastructure systems outside the fences of industrial parks, export processing zones, hi-tech parks, concentrated digital technology parks, functional areas of economic zones; for industrial parks with construction of workers' accommodation houses in industrial parks, the provisions of the Law on Housing must also be complied with.".

3. To amend and supplement a number of points of Clause 2, Article 20 as follows:

a) Point a is amended as follows:

"a) Investment projects on the establishment of new innovation centers, research and development centers, investment projects on construction of large data center infrastructure, cloud computing infrastructure, mobile infrastructure of 5G or higher and other digital infrastructure in the field of strategic technology as decided of the Prime Minister, investment projects in the field of strategic technology, production of strategic technology products under the Prime Minister's decision with a total investment capital of VND 3,000 billion or more, disbursement of at least VND 1,000 billion within 03 years from the date of issuance of the investment registration certificate or approval of the investment policy private; the National Innovation Center shall be established under the Prime Minister's decision;";

b) Point a1 is added after Point a as follows:

"a1) Investment projects on production of key digital technology products, projects on research and development, design, production, packaging and testing of semiconductor chips, projects on construction of artificial intelligence data centers in accordance with the law on digital technology industry with a total investment capital of VND 6,000 billion or more; disbursement of at least VND 6,000 billion within 05 years from the date of issuance of the Investment Registration Certificate or investment policy approval;";

c) Point b is amended as follows:

"b) Investment projects (including new investment projects and expansion investment projects) in sectors and trades eligible for special investment incentives with an investment capital of VND 30,000 billion or more, with a minimum disbursement of VND 10,000 billion within 03 years from the date of issuance of the investment registration certificate or approval of investment guidelines.".

4. Point d is added after Point c, Clause 1, Article 22 as follows:

"d) The foreign investor may establish an economic organization to execute the investment project before carrying out the procedures for granting or modifying the investment registration certificate for the investment project on the establishment of a new innovation center, research and development center, investment projects on construction of large data center infrastructure, cloud computing infrastructure, mobile infrastructure of 5G or higher and other digital infrastructure in the field of strategic technology under the Prime Minister's decision, investment projects in the field of strategic technology, production of strategic technological products according to the Prime Minister's decision.".

5. To amend and supplement Point c, Clause 4, Article 29 as follows:

"c) Investors implementing investment projects in industrial parks, hi-tech parks and concentrated digital technology parks;".

6. Point a, Clause 1, Article 30 is annulled.

7. To amend, supplement and annul a number of points and clauses of Article 31 as follows:

a) To annul Points a, b, c, d, dd and g, Clause 1 and Clause 3;

b) Point g2 is added after Point g1, Clause 1 as follows:

"g2) Nuclear power plants;".

8. To amend and supplement a number of points and clauses of Article 32 as follows:

a) Points g, h, i, and k are added after Point e, Clause 1 as follows:

"g) Investment projects requiring resettlement of 10,000 or more people in mountainous areas or 20,000 or more people in other regions;

h) Investment projects on new construction: airports and airfields; runways of airports and airfields; passenger terminals of international airports; cargo terminals of airports and airfields with a capacity of 01 million tons/year or more;

i) New investment projects on passenger transportation by air;

k) Investment projects on petroleum processing.";

b) Points b, dd and c, Clause 1 are amended as follows:

"b) Investment projects on construction of houses (for sale, lease or lease-purchase) or urban areas, regardless of land use scale or population size;

dd) Investment projects on construction and business of infrastructure of industrial parks, export processing zones and concentrated digital technology parks;

e) New construction investment projects: ports, harbor areas of special seaports, grade-I seaports;";

c) Clause 1a is added after Clause 1 as follows:

"1a. The investment project is concurrently under the competence to approve the investment policy of 02 or more provincial-level People's Committees in accordance with the Government's regulations.".

9. Article 33 is amended as follows:

"Article 33. Dossiers and contents of appraisal of proposals for approval of investment guidelines

Dossiers and contents of appraisal of proposals for approval of investment guidelines shall comply with the Government's regulations.".

10. Article 34 is amended as follows:

"Article 34. Order and procedures for approval of investment guidelines by the National Assembly

1. The Ministry of Finance shall report to the Prime Minister on the establishment of the State Appraisal Council to organize the appraisal of projects falling under the National Assembly's competence to approve investment guidelines under the provisions of Article 30 of this Law.

2. A dossier of application for approval of investment guidelines comprises:

a) The Government's report;

b) Proposal of the investment project and relevant documents as prescribed by the Government;

c) The appraisal report of the State Appraisal Council;

d) Other relevant documents.

3. Contents of verification of the request for approval of investment guidelines include:

a) The satisfaction of the criteria for determining an investment project falling under the competence to approve investment guidelines of the National Assembly;

b) The necessity of implementing the investment project;

c) The conformity of the investment project with relevant national strategies and plannings, regional plannings, provincial plannings, urban plannings and special administrative-economic unit plannings (if any);

d) Objectives, scale, location, time and schedule of implementation of the investment project, land use demand, plan for site clearance, resettlement, plan for selection of key technologies and solutions for environmental protection;

dd) Total investment capital and capital sources;

e) Assessment of socio-economic efficiency, assurance of national defense, security and sustainable development of investment projects;

g) Special mechanisms and policies, investment incentives and support and applicable conditions (if any).

4. The Government and relevant agencies, organizations and individuals shall have to provide sufficient information and documents in service of the verification; explain the issues in the content of the investment project at the request of the agency in charge of verification of the National Assembly.

5. At least 60 days before the opening day of the National Assembly session, the Government shall make and send a dossier of request for approval of investment guidelines to the agency in charge of verification of the National Assembly.

6. The National Assembly shall consider and approve a resolution on approval of investment guidelines, including the contents specified in Clause 1, Article 3 of this Law.

7. Dossiers, order and procedures for appraisal of investment projects approved by the National Assembly and the order and procedures for appraisal of the State Appraisal Council shall comply with the Government's regulations.".

11. Article 35 is amended as follows:

"Article 35. Order and procedures for approval of investment guidelines by the Prime Minister

Dossiers, order and procedures for appraisal of investment projects approved by the Prime Minister shall comply with the Government's regulations.".

12. Article 36 is amended as follows:

"Article 36. Order and procedures for approval of investment guidelines by provincial-level People's Committees

Dossiers, order and procedures for appraisal of investment projects approved by provincial-level People's Committees for investment guidelines shall comply with the Government's regulations.".

13. To amend and supplement a number of points and clauses of Article 36a as follows:

a) The first paragraph of Clause 1 is amended as follows:

"1. Except for investment projects specified in Article 30 of this Law, investors are entitled to choose investment registration under the provisions of this Article for investment projects in industrial parks, export processing zones, hi-tech parks, concentrated digital technology parks, free trade zones and functional zones in economic zones in the following domains: ”;

b) Point c is added after Point b, Clause 1 as follows:

"c) Investment projects on construction of large data center infrastructure, cloud computing infrastructure, mobile infrastructure of 5G or higher and other digital infrastructure in the field of strategic technology as decided by the Prime Minister; investment projects in the field of strategic technology, production of strategic technology products under the Prime Minister's decision.";

c) Clause 2 is amended as follows:

"2. An investment registration dossier includes documents specified in Article 33 of this Law, in which a written request for implementation of an investment project includes a commitment to meet conditions, criteria and regulations as prescribed by law on construction, environmental protection, fire prevention, firefighting; investment project proposals include identification and forecasting of environmental impacts and measures to mitigate adverse environmental impacts as an alternative to preliminary environmental impact assessment.".

14. Article 38 is amended as follows:

"Article 38. Procedures for issuance of investment registration certificates

Conditions, dossiers, order and procedures for issuance of investment registration certificates shall comply with the Government's regulations.".

15. Clause 2 of Article 44 is amended as follows:

"2. The operation duration of an investment project outside an economic zone shall not exceed 50 years. Investment projects implemented in areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions or investment projects with large investment capital but slow capital recovery; investment projects on construction and business of infrastructure of hi-tech parks, hi-tech industrial parks, and concentrated digital technology parks; projects eligible for special investment incentives and supports specified at Point a, Clause 2, Article 20 of this Law, the operation term of the investment project may be longer but must not exceed 70 years.".

16. Article 70 is amended as follows:

"Article 70. Inspection, supervision and evaluation of investment

1. Investment inspection, supervision and assessment activities include:

a) Inspecting, supervising and evaluating investment projects;

b) Inspection, supervision and overall assessment of investment.

2. Responsibilities for inspection, supervision and assessment of investment include:

a) State management agencies in charge of investment and specialized state management agencies shall inspect, supervise and evaluate the overall investment and inspect, supervise and evaluate investment projects under their management;

b) The investment registration agency shall inspect, supervise and evaluate the investment project under the competence to grant the investment registration certificate.

3. Contents of inspection, supervision and assessment of investment projects include:

a) For investment projects using state capital for business investment, the state management agency in charge of investment and specialized state management agencies shall inspect, supervise and evaluate the investment project according to the contents and criteria approved in the investment decision;

b) For investment projects funded by other capital sources, the state management agency in charge of investment and the specialized state management agency shall inspect, supervise and assess the objectives and conformity of the investment project with the investment planning and guidelines approved by the competent authority. the implementation progress and implementation of requirements on environmental protection, technology, land use and other natural resources in accordance with law;

c) The investment registration agency shall inspect, supervise and evaluate the contents specified in the investment registration certificate and the written approval for investment guidelines.

4. Contents of overall inspection, supervision and assessment of investment include:

a) The promulgation of legal documents detailing and guiding the implementation; the implementation of the law on investment;

b) Implementation of investment projects;

c) Evaluate investment performance results of the whole country, ministries, ministerial-level agencies and localities, and investment projects according to decentralization;

d) To propose state management agencies of the same level and superior state management agencies in charge of investment on investment assessment results and measures to handle problems and violations of the law on investment.

5. Agencies and organizations conducting self-inspection and assessment or hiring qualified experts and consultancy organizations to conduct investment assessments.

6. The inspection and audit of the operation of an investment project shall comply with the provisions of the law on inspection and the law on audit.

7. The Government shall detail this Article.".

17. Clause 3a is added after Clause 3 of Article 77 as follows:

"3a. For secondary projects in urban areas that have been implemented before January 1, 2021, have been granted land use right certificates and fulfilled land-related financial obligations, are now unable to perform or have no need to continue implementation and are not subject to termination of operation under the provisions of Article 48 of In this Law, the whole or part of the project associated with the transfer of land use rights and land-attached assets may be transferred.

The transferee investor inherits the rights and obligations of the transferee investor for the transferred project portion for further implementation; to approve and adjust investment policies, grant and adjust investment registration certificates for the transferred project when there is a demand according to the Government's regulations.".

18. To supplement and annul a number of ordinal numbers in Appendix IV to the list of conditional business lines as follows:

a) To add ordinal numbers 233 and 234 after ordinal numbers 232 as follows:

b) To annul the urban railway business lines at ordinal number 97.

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Article 9. Enforcement Terms

1. This Law takes effect from July 1, 2025.

2. To annul Point b, Clause 3, Article 33 of the Law on Housing No. 27/2023/QH15, which has been amended and supplemented by Law No. 43/2024/QH15 and Law No. 47/2024/QH15.

3. To annul Clause 6, Article 14, Clauses 1, 2, 3 and 4, Article 29 of the Law on Public Debt Management No. 20/2017/QH14.

Article 10. Transitional Regulations

1. Transitional regulations on amendments to the Law on Bidding are as follows:

a) Bidding packages for selection of contractors or business investment projects for which dossiers of invitation for expression of interest, dossiers of invitation for prequalification, bidding dossiers and dossiers of requirements have been opened before the effective date of this Law, the selection of shortlists shall continue to be organized. selection of contractors, selection of investors, signing and management of contract performance in accordance with the provisions of the Law on Bidding No. 22/2023/QH15 which has been amended and supplemented a number of articles under Law No. 57/2024/QH15 and documents detailing and guiding the implementation;

b) Bidding packages for selection of contractors or business investment projects for which dossiers of invitation for expression of interest, dossiers of invitation for prequalification, bidding dossiers and dossiers of requirements have been issued but have not yet closed bids by the effective date of this Law, they may continue to organize the selection of shortlists. selection of contractors, selection of investors, signing and management of contract performance in accordance with the provisions of the Law on Bidding No. 22/2023/QH15 which has been amended and supplemented a number of articles under Law No. 57/2024/QH15 and documents detailing and guiding the implementation or cancellation of bidding notices, notices of invitation for expression of interest, notices of invitation for prequalification and adjustment and modification of contractor selection plans (if necessary), bidding dossiers, dossiers of invitation for expression of interest, dossiers of invitation for prequalification, dossiers of requirements for organizing the selection of contractors and investors in accordance with the provisions of this Law; except for the provisions at Point d of this Clause;

c) For a bidding package for which the contractor selection plan has been approved but has not yet issued an invitation for expression of interest, a dossier of invitation for prequalification, a bidding dossier or a dossier of requirements, the investor may adjust the approved contractor selection plan for compliance with the provisions of this Law. except for the provisions at Point d of this Clause;

d) For bidding packages of investment projects of state enterprises, enterprises in which the state enterprise holds 100% of charter capital, bidding packages of projects, procurement estimates of public non-business units that self-finance recurrent expenditures and investment expenditures, public non-business units that self-finance recurrent expenditures without using state budget capital that have if a dossier of invitation for expression of interest, a dossier of invitation for prequalification, a dossier of bidding or a dossier of requirements has not yet been closed by the effective date of this Law, the investor may decide in one of the following two ways:

d1) In case of choosing to apply this Law, the provisions at Point b of this Clause shall apply;

d2) Decide on the procurement by themselves according to the provisions of Point c, Clause 2, Article 1 of this Law.

2. Regulations on transitioning regulations amending and supplementing the Law on Investment in the form of public-private partnership are as follows:

a) If a PPP project has organized the preparation of a pre-feasibility study report or an adjusted pre-feasibility study report but has not yet submitted it for appraisal or has not yet established an appraisal council or has established an appraisal council but has not yet carried out the appraisal task, the competence and the order and procedures for appraisal of pre-feasibility study reports or adjusted pre-feasibility study reports shall comply with the provisions of this Law. In case the appraisal council has been established and the task of appraisal of investment guidelines is being carried out, the order, procedures and competence to appraise and decide on investment guidelines or adjust investment guidelines in accordance with the law on investment in the form of public-private partnership take effect before the effective date of this Law;

b) If a PPP project has not yet been submitted for approval or adjustment of the project by the effective date of this Law, the authority competent to approve the project or adjust the PPP project shall comply with the provisions of this Law;

c) If a PPP project has been decided on investment guidelines or approved by a competent authority but has not yet organized the selection of investors by the effective date of this Law, the competent agency may continue to implement the investment policy decision. decide on approving projects or reviewing or adjusting investment policies or adjusting feasibility study reports to apply the provisions of this Law. In case of adjustment, the authority competent to decide and approve the adjustment is the authority competent to decide on investment policies and approve projects under this Law;

d) PPP project contracts signed before the effective date of this Law shall continue to comply with the provisions of the project contract; In case it is necessary to amend or supplement the contents of the project contract but the law at the time of signing the contract does not provide for or it is necessary to amend and supplement the project contract to ensure the efficiency of the project, the parties may agree on the amendment and supplementation in accordance with the provisions of this Law and relevant laws taking effect at the time of amendment. supplement the contract.

3. Transitional regulations amending and supplementing the Customs Law are as follows:

Exports and imports on the spot belonging to registered customs declarations but have not yet completed customs procedures before the effective date of this Law shall be subject to the provisions of Clause 3, Article 3 of this Law.

4. Transitional regulations on amendments to the Law on Investment are as follows:

a) From the effective date of this Law, a valid dossier of request for approval or adjustment of investment guidelines for investment projects requiring resettlement of 10,000 or more people in mountainous areas or 20,000 or more people in other regions; new construction investment projects: airports, airfields; runways of airports and airfields; passenger terminals of international airports; cargo terminals of airports and airfields with a capacity of 01 million tons/year or more; new investment projects on passenger transportation by air; new construction investment projects: Ports and port areas with an investment capital of VND 2,300 billion or more belong to special seaports, grade-I seaports; oil and gas processing investment projects; investment projects on construction of houses (for sale, lease, lease-purchase), urban areas with a land use scale of 300 hectares or more or a population of 50,000 people or more; investment projects concurrently falling under the competence to approve investment guidelines of 02 or more provincial-level People's Committees which have been received before the effective date of this Law but have not yet returned the results shall be settled as follows:

a.1) In case the project has been submitted to the Prime Minister for consideration and approval or adjustment of investment guidelines before the effective date of this Law, it shall continue to comply with the provisions of the Law on Investment No. 61/2020/QH14 which has been amended and supplemented by a number of articles under Law No. 72/2020/QH14, Law No. 03/2022/QH15, Law No. 05/2022/QH15, Law No. 08/2022/QH15, Law No. 09/2022/QH15, Law No. 20/2023/QH15, Law No. 26/2023/QH15, Law No. 27/2023/QH15, Law No. 28/2023/QH15, Law No. 31/2024/QH15, Law No. 33/2024/QH15, Law No. 43/2024/QH15 and Law No. 57/2024/QH15 (hereinafter referred to as Investment Law No. 61/2020/QH14).

For projects that do not meet the requirements and conditions for approval and adjustment of investment guidelines in accordance with the Law on Investment No. 61/2020/QH14, the Ministry of Finance shall transfer the project dossier, appraisal opinions and appraisal report to the provincial-level People's Committee for handling according to the competence specified in this Law;

a.2) In case the project has not yet been submitted to the Prime Minister for approval or adjustment of investment guidelines before the effective date of this Law, the Ministry of Finance shall transfer the project dossier and project appraisal opinions (if any) to the provincial-level People's Committee for handling according to its competence specified in this Law;

a.3) Provincial-level People's Committees may continue to use project dossiers, appraisal opinions and appraisal reports to consider approving and adjusting investment guidelines in the cases specified at Sub-Points a.1 and Sub-Points a.2, Point a of this Clause;

b) For the investment projects specified at Point a of this Clause which have been approved by the Prime Minister for investment guidelines before the effective date of this Law and now fall under the competence to approve investment guidelines of the provincial-level People's Committee under the provisions of Clause 8, Article 6 of this Law, the provincial-level People's Committee shall be the agency with the competence to approve the adjustment of investment policies.

5. Transitional regulations on amendments and supplements to the Law on Public Investment are as follows:

a) For programs and projects that have completed the procedures for formulation and appraisal and submitted to competent authorities for decision on investment guidelines or investment decisions before the effective date of this Law, the competent authority shall consider and decide in accordance with the Law on Public Investment No. 58/2024/QH15;

b) In case of adjustment or suspension of investment guidelines, adjustment of investment decisions and extension of the time limit for capital allocation of projects for which investment guidelines or investment decisions have been decided before the effective date of this Law, the competent authority shall decide on investment policies; decide on investment and extend the time limit for allocating capital for project implementation according to the decentralization in this Law to decide on adjustment, suspension of investment policies, adjustment of investment decisions and extension of the time for allocation of capital for project implementation and take responsibility for their decisions.

In case the National Assembly's resolution provides for the competence to adjust or stop investment guidelines for a project of national importance, the National Assembly's resolution shall be complied with;

c) In case of adjustment of investment guidelines for projects funded by ODA loans and foreign concessional loans that have been approved by competent authorities before the effective date of this Law, the managing agency shall carry out the order and procedures for adjustment of investment guidelines in accordance with the provisions of this Law and is not required to submit the procedures for adjusting project proposals.

This Law was approved by the National Assembly of the Socialist Republic of Vietnam in its 15th session, 9th session on June 25, 2025.

CHAIRMAN OF THE NATIONAL ASSEMBLY

Tran Thanh Man