Resolution 66.20/2026/NQ-CP mechanisms and policies for coastal land use in APEC 2027 build-transfer projects

RESOLUTION

On a number of mechanisms and policies to address difficulties and obstacles arising in the implementation of legal provisions on the use of to-be-reclaimed coastal land areas for payment to investors implementing works and projects serving the Asia-Pacific Economic Cooperation Economic Leaders’ Meeting in 2027 (APEC 2027) under build-transfer contracts^[1]

Pursuant to Law No. 63/2025/QH15 on Organisation of the Government;

Pursuant to Law No. 64/2020/QH14 on Investment in the Form of Public-Private Partnership, which has a number of articles amended and supplemented under Law No. 57/2024/QH15 and Law No. 90/2025/QH15;

Pursuant to Land Law No. 31/2024/QH15, which has a number of articles amended and supplemented under Law No. 43/2024/QH15, Law No. 47/2024/QH15, Law No. 58/2024/QH15, Law No. 71/2025/QH15, Law No. 84/2025/QH15, Law No. 93/2025/QH15, Law No. 95/2025/QH15, Law No. 146/2025/QH15, and Law No. 147/2025/QH15;

Pursuant to the National Assembly’s Resolution No. 206/2025/QH15 on special mechanisms to address difficulties and obstacles arising in the implementation of legal provisions;

In furtherance of the Political Bureau’s opinions in Document No. 2446-CV/VPTW of May 18, 2026, of the Office of the Central Committee of the Communist Party of Vietnam,;

At the proposal of the Minister of Finance,

The Government promulgate the Resolution on a number of mechanisms and policies to address difficulties and obstacles arising in the implementation of legal provisions on the use of to-be-reclaimed coastal land areas for payment to investors implementing construction works and projects serving the Asia-Pacific Economic Cooperation Economic Leaders’ Meeting in 2027 (APEC 2027) under build-transfer (BT) contracts.

Article 1. Scope of regulation

This Resolution provides for a number of mechanisms and policies to address difficulties and obstacles arising in implementation of legal provisions on the use of to-be-reclaimed land areas for payment to investors implementing works and projects serving the APEC 2027 under build-transfer contracts (below referred to as BT projects).

Article 2. Addressing difficulties and obstacles in using reclaimed coastal land areas for payment to investors implementing BT projects

1. The People’s Committee of An Giang province may use to-be-reclaimed coastal areas within the Phu Quoc Special Zone in the provincial master plan or the general master plan on the Phu Quoc Special Zone to create land areas for payment to investors implementing works and projects serving APEC 2027 under BT contracts, and may concurrently carry out the procedures specified in Clause 2 of this Article.

2. Reclamation activities in marine areas to create land areas for use for payment to investors implementing BT projects:

a/ Based on the to-be-reclaimed coastal areas in the provincial master plan or the general master plan on Phu Quoc Special Zone, the People’s Committee of An Giang province shall select one or more than one coastal land area planned to be reclaimed, in conformity with the actual conditions of the locality, to determine the area planned to be used for payment to investors implementing BT projects, ensuring that the location, boundaries and area of ​​the to-be-reclaimed coastal area neither affect military and national defence tasks or defensive combat plans in this strategic geographical area, nor cause significant adverse impacts on the environment and land. At the same time, it is required to determine the provisional value of the to-be-reclaimed area selected, based on the land price applicable to the new land use purpose specified in the land price table for the nearest land area or location having the same primary land use purpose and certain similarities in factors affecting land prices in the Phu Quoc Special Zone, and the land price adjustment coefficient issued by the People’s Committee of An Giang province in accordance with the land law.

In case it is impossible to identify a land area or location meeting these criteria, or the land price adjustment coefficient has not been issued in accordance with the land law, the highest land price in the land price table issued by the People’s Committee of An Giang province for application in the Phu Quoc Special Zone shall be applied;

b/ During the process of determining the area and provisional value of the to-be-reclaimed coastal area in the provincial master plan or the general master plan on the Phu Quoc Special Zone as specified in Point a of this Clause, the People’s Committee of An Giang province may organise the formulation, appraisal and approval of the zoning master plan for the to-be-reclaimed coastal area selected;

c/ Based on the provisional value of the to-be-reclaimed coastal area in the provincial master plan or the general master plan on the Phu Quoc Special Zone as specified in Point a of this Clause, the People’s Committee of An Giang province shall determine the to-be-reclaimed coastal area to be used for payment to an investor implementing a BT project, ensuring that this area has a value equivalent to the total investment of the BT project’s works as specified in Article 6 of the Government’s Decree No. 257/2025/ND-CP of October 8, 2025, providing in detail the implementation of projects under build-transfer contracts (below referred to as Decree No. 257/2025/ND-CP).

In case the People’s Committee of An Giang province has allocated or plans to allocate another land area for use for payment to the investor, it shall determine the​​ to-be-reclaimed coastal area for use for payment to the investor, ensuring that the total value of the to-be-reclaimed coastal area and another land area is equivalent to the total investment of the BT project’s works as specified in Article 6 of Decree No. 257/2025/ND-CP.

The total investment of a BT project’s work with complicated work items, high requirements on design, aesthetics and new technologies, or difficult construction execution conditions, requiring the application of special norms, unit prices or investment capital unit rates, shall be determined in accordance with the law on construction;

d/ After determining the to-be-reclaimed coastal area for use for payment to the investor implementing the BT project under Point c of this Clause, the People’s Committee of An Giang province shall report such to the People’s Council of An Giang province for consideration and decision on adjusting the investment policy of the BT project (in case the project’s investment policy has been approved) to use the to-be-reclaimed coastal area for use for payment to the investor, serving as a basis for approving the project, technical design and cost estimate, and signing the contract or contract annex(es) (if any).

The People’s Committee of An Giang province and the investor implementing the BT project may sign a contract based on the total investment amount specified in the project approval decision in case the technical design and cost estimate of the BT project’s works are approved by the competent authority for each work and work item of the project. The People’s Committee of An Giang province and the investor implementing the BT project shall sign a contract annex(es) after the technical design and cost estimate of the works and work items under the BT project are approved in accordance with the law on construction, ensuring that the total cost estimate does not exceed the approved total investment amount;

dd/ For counterpart projects implemented on the to-be-reclaimed coastal areas and other land areas (if any), while the People’s Committee of An Giang province adjusts the investment policy (if any) and carries out other procedures under Point d of this Clause, the investors implementing the BT projects shall carry out the procedures for approving investment policy simultaneously with investor approval for submission to the Chairperson of the People’s Committee of An Giang province for decision in accordance with the law on investment;

e/ The investor implementing a BT project may carry out reclamation activities on the to-be-reclaimed coastal area decided by the People’s Council of An Giang province under Point d of this Clause and will be entitled to payment for the land area formed after the reclamation. The payment of the reclaimed coastal land area to the investor shall be made according to the construction progress of the BT project’s works, corresponding to the progress of the reclamation activities and as agreed upon by the parties in the project contract.

The People’s Committee of An Giang province shall determine the value of the BT project’s works put for account-finalisation upon its completion or of the accepted volume of the completed works and work items, and the value of the land area used for payment at the time of payment or account-finalisation to serve as a basis for implementing the mechanism on offsetting the difference between the value of the BT project’s works and the land area value for payment as specified in the Law on Investment in the Form of Public-Private Partnership and Decree No. 257/2025/ND-CP;

g/ The calculation of land use levy and land rentals for land areas formed through reclamation and the determination and handling of reclamation costs must comply with the land law.

Article 3. Effect and implementation responsibility

1. This Resolution takes effect from the date of its signing through February 28, 2027.

2. For the projects falling within the scope of regulation of this Resolution, it is allowed to apply this Resolution’s policies until project completion.

3. In case laws or resolutions of the National Assembly, or ordinances or resolutions of the National Assembly Standing Committee are amended, supplemented or promulgated and take effect after this Resolution is adopted and before March 1, 2027, the corresponding provisions of this Resolution cease to be effective.

4. During the effective period of the provisions of this Resolution, if this Resolution’s provisions on the order and procedures related to investment and construction are different from those in relevant legal documents, the provisions of this Resolution shall prevail.

5. The Ministry of Finance shall review, and propose to the competent authority the amendment and supplementation of, the Law on Investment in the Form of Public-Private Partnership (which has a number of articles amended and supplemented under Law No. 57/2024/QH15 and Law No. 90/2025/QH15) according to the Appendix to this Resolution to ensure consistency.

6. The Ministry of Agriculture and Environment shall guide the People’s Committee of An Giang province in determining the applicable land price table when determining the provisional values of the to-be-reclaimed land areas and land prices to determine the values of the reclaimed land areas.

7. The Ministry of Construction shall guide the People’s Committee of An Giang province in determining the total investment of BT projects’ works with complicated items, high requirements on design, aesthetics and new technologies, or difficult construction conditions, requiring the application of special norms, unit prices, or investment capital unit rates.

8. The Government Inspectorate and the State Audit Office of Vietnam shall formulate and implement plans on inspection and audit of the implementation of BT contracts right from the time of implementation to ensure strictness, publicity and transparency.

9. The People’s Committee of An Giang province shall take full responsibility for directing, inspecting, supervising, and ensuring the quality, efficiency and progress of, construction works and projects, so as to avoid corruption, waste, negative practices or losses; and strengthen the management of public assets and prevent illegal land encroachment.

10. The heads of agencies and units and persons involved in the formulation and implementation of this Resolution may be considered for liability exclusion or exemption if they have fully complied with relevant procedures and regulations and have not acted for personal gain in the process of performing their duties and addressing difficulties, but damage still occurs.

11. Ministers, heads of ministerial-level agencies, and the Chairperson of the People’s Committee of An Giang province shall implement this Resolution.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
PHAM GIA TUC

APPENDIX

List of legal documents with their articles, clauses and points proposed for amendment and supplementation to ensure consistency

(To the Government’s Resolution No. 66.20/2026/NQ-CP of June 18, 2026)