As Vietnam’s tourism industry continues to thrive, resort development is becoming an increasingly attractive investment trend. This article provides a comprehensive guide to the necessary administrative procedures, ensuring your resort investment process proceeds smoothly and in accordance with the law.

Contents

• Overview of resort investment procedures and processes
• Detailed steps to obtain construction permits for resorts
• Guide to registering a resort business
• Procedures for obtaining accommodation licenses and related documents
• Processing timeframes and important notes

1. Overview of Resort Investment Conditions

To initiate a resort project, investors must meet basic legal requirements and thoroughly prepare the prerequisite conditions in accordance with the latest regulations as of 2025.

Prerequisite Conditions:

Investor’s financial capacity: According to Decree 02/2022/NĐ-CP, investors must have equity capital of no less than 20% of the total investment capital for projects using less than 20 hectares of land, and no less than 15% for projects using 20 hectares or more.

Selecting a suitable location: The resort location must align with the local tourism and land-use planning and must not fall within restricted or prohibited construction zones.

Compliance with environmental and sustainability standards: Investors are required to conduct an Environmental Impact Assessment (EIA) and obtain approval from the competent authority before project implementation, as stipulated in Article 34 of the 2020 Law on Environmental Protection.

Conditions for operating tourism accommodation services:

• Facility standards: The accommodation must meet minimum technical and service quality standards for tourists as specified in Article 49 of the Law on Tourism.
• Security, order, and fire safety: The facility must comply with regulations on security, order, and fire safety under current laws.

Business and investment registration:

• Investment Registration Certificate (IRC): Foreign investors must obtain an IRC prior to project implementation.
• Enterprise Registration Certificate (ERC): After receiving the IRC, investors must apply for an ERC to establish a legal entity in Vietnam.

For a more detailed guide, please refer to the article: Vietnam Resort Investment Law 2025: A Comprehensive Guide

2. Steps to Obtain a Construction Permit for a Resort

The construction permitting process is one of the most crucial phases, requiring thorough preparation and strict compliance with regulations.

Steps for obtaining a construction permit:

1. Confirm land use rights: 

• Common land acquisition methods for resort investment projects include:
  • Land allocation with land use fee;
  • Annual rental of land;
  • One-time rental of land for the entire lease period.
• After the investment license is granted, the investor proceeds with the land allocation or lease procedures with the state land management authority. 
• The investor fulfills financial obligations (if any) and receives the land handover to begin project implementation.

2. Prepare and complete the basic design dossier in accordance with 2025 standards.

• Appraise the basic design:
• Purpose: To obtain approval for the basic design in the construction design dossier.
• Legal basis: Article 82 of the 2014 Law on Construction, amended in 2020.

3. Conduct Environmental Impact Assessment (EIA):

• Purpose: To conduct and obtain approval of the EIA report prior to applying for the construction permit.
• Legal basis: Articles 34–35 of the 2020 Law on Environmental Protection.

4. Apply for investment policy approval: 

• Investors must obtain an investment policy decision for projects with large capital or significant land use.
• Legal basis: Articles 30, 31, 32 of the 2020 Law on Investment.

5. Complete the dossier and submit the construction permit application:

The dossier includes (Articles 91 and 95 of the 2014 Law on Construction, amended in 2020):

• Application for construction permit
• Investment policy approval decision (if applicable)
• Land use rights certificate (red book)
• Approved construction drawings
• Approved EIA report (if applicable)

6. Obtain specialized permits (if applicable):

• Fire prevention and fighting, labor safety, design appraisal of electrical systems, water supply, etc.
• Legal basis: Law on Fire Prevention and Fighting 2001 (amended in 2013); Decree 136/2020/NĐ-CP.

7. Notify construction commencement and supervise construction:

• Submit the construction commencement notice to the local People’s Committee or the Department of Construction.
• Comply with regulations on construction supervision and acceptance.
• Legal basis: Articles 107 and 108 of the 2014 Law on Construction (amended in 2020).

3. Guide to Resort Business Registration

After obtaining the construction permit, business registration is the next important step to legalize the resort’s operations.

3.1 Business registration dossier to be prepared: (Articles 19–25 of the Law on Enterprises)

• Application for enterprise registration (as per the standard form);
• Company charter (notarized);
• List of members/founding shareholders (for multi-member LLCs or joint stock companies);
• Valid copies of legal documents of members/shareholders;
• Power of attorney (if authorizing another person to submit the application);
• Note: If the business registers a conditional business line, it must attach the required sub-licenses, professional certificates, statutory capital, etc., as prescribed by specialized laws.

3.2 Procedures for business registration:

Submit the dossier to the Business Registration Office (Article 26 of the Law on Enterprises)

• Submit directly or online to the Business Registration Office – Department of Planning and Investment where the business is headquartered.
• Online system: https://dangkykinhdoanh.gov.vn

Receive the Enterprise Registration Certificate

• Processing time: 03 working days from the date of receipt of a valid dossier. (Clause 5 Article 26 of the Law on Enterprises)
• If the dossier is not valid, the registration authority will request modifications or supplements.

Announce enterprise registration content

• Within 30 days from the date of being granted the Enterprise Registration Certificate, the enterprise must publish information on the National Business Registration Portal.
• Legal basis: Article 32 of the 2020 Law on Enterprises.

4. Procedure for Obtaining Accommodation License and Related Documents

To ensure the legal operation of the resort business, full licenses for accommodation and accompanying business activities are required.

4.1 List of required licenses:

• Tourist accommodation business license (new issuance in 2025)
• Certificate of eligibility for security and order
• Certificate of compliance with fire prevention and fighting standards under new regulations
• License for food and entertainment services (if applicable)

4.2 Procedures:

1. Apply for necessary sub-licenses

• Certificate of eligibility for security and order:

• Dossier: Application for the certificate, copy of the Enterprise Registration Certificate, security and order assurance plan.
• Submit to: Competent Police Authority.
• Legal basis: Chapter IV of Decree 96/2016/NĐ-CP.

• Certificate of eligibility for fire prevention and fighting:

• Dossier: Application for the certificate, copy of the Enterprise Registration Certificate, fire prevention and fighting plan, fire safety inspection record.
• Submit to: Local Fire and Rescue Police Authority.
• Legal basis: Articles 16–19 of the Law on Fire Prevention and Rescue 2024

• Certificate of food safety and hygiene eligibility (if the resort provides food services):

• Dossier: Application for the certificate, copy of the Enterprise Registration Certificate, explanation of facilities, equipment, and tools ensuring food safety.
• Submit to: Competent local health authority.
• Legal basis: Chapter V of the 2010 Law on Food Safety.

2. Notify tourist accommodation business activities

Time: At least 15 days before operation.

Notification content: Name, type, scale of the resort; address; legal representative information; commitment to meeting business conditions.

Submit to: Department of Tourism or Department of Culture, Sports, and Tourism where the resort is located.

Legal basis: Article 49 of the 2017 Law on Tourism, Article 29 of Decree 168/2017/NĐ-CP.

3. Register for tourism accommodation classification

• Dossier: Application for accommodation classification; staff list; self-assessment report according to standards; copies of management/professional certificates of the manager and department heads.
• Submit to: Vietnam National Administration of Tourism or local Department of Tourism.
• Legal basis: Circular 06/2017/TT-BVHTTDL detailing several articles of the Law on Tourism.

4. Fulfill tax obligations and related regulations

• Open a bank account: For financial transactions and tax payments.
• Register for a tax code: And carry out tax declaration and payment in accordance with regulations.
• Comply with labor regulations: Sign labor contracts and pay insurance for employees.

5. Processing Time and Important Notes

To optimize dossier processing time, investors should plan carefully and prepare all required documents according to the latest regulations.

Average processing time in 2025:

• Construction permit: 20–30 working days
• Business registration: 3–5 working days
• Accommodation license: 15–20 working days
• Additional licenses: 7–15 working days

Conclusion

Strict compliance with administrative procedures is a key factor to ensure the success of a resort project. Investors are advised to proactively consult with legal experts to stay updated on the latest legal regulations and optimize the investment process.

Important note:

Regulations and processing times may vary by locality and period. For the most accurate and up-to-date consultation, please contact the experts at Harley Miller Law Firm.

This article is for reference only. Businesses should consult official legal documents and Harley Miller Law Firm’s experts for the most accurate information.