The special investment procedure in industrial zones: commitments instead of permits
Article 28 of the 2025 Investment Law lets zone projects skip the EIA, construction permit and fire approvals if the investor commits to compliance. Scope, dossier, timing and risks.
In this article
The special investment procedure replaces permits with commitments for projects in designated zones. Investment Law No. 143/2025/QH15 sets it out in Article 28, and Decree 96/2026/ND-CP guides it in Articles 46 and 47. For a factory in an industrial zone it can remove many pre-construction procedures, in exchange for shifting compliance responsibility onto the investor.
Who can use it?
The investor may choose this procedure for projects in industrial zones, export processing zones, high-tech zones, concentrated digital technology zones, free trade zones, the international financial centre and functional areas of economic zones, except projects that need investment policy approval as specified by the Government (Article 28(1), Investment Law).
Article 46(1) of Decree 96/2026/ND-CP excludes projects under items 5, 6, 11, 12, 13, 15, 16, 17, 18 and 20 of Article 24 located in economic zones or free trade zones, and industrial-zone, export-processing-zone or digital-technology-zone infrastructure projects (item 14). Projects in high-tech zones must also meet the criteria for high-tech activities (Article 46(2)).
Which procedures are waived?
Under Article 28(2) of the Investment Law, projects registered under the special procedure do not go through:
- investment policy approval;
- technology appraisal;
- an environmental impact assessment report;
- detailed planning;
- a construction permit;
- approvals, consents and permits in the construction and fire safety fields.
Sector laws follow suit: Article 43(2) of the 2025 Construction Law exempts works under the special procedure from the construction permit, and Article 9(1) of Decree 105/2025/ND-CP excludes them from the fire police design appraisal.
What must the investor commit to?
The request letter must include a commitment covering (Article 47(2), Decree 96/2026/ND-CP):
- the relevant conditions, standards and technical regulations on construction, environmental protection, technology transfer and fire safety;
- a preliminary assessment of the project against them;
- a commitment to comply, to avoid prohibited acts and to bear full responsibility for any breach.
The project proposal must identify and forecast environmental impacts and mitigation measures, in place of the preliminary environmental assessment (Article 28(2), Investment Law).
Dossier and time limit
| Item | Rule |
|---|---|
| Dossier | Items a, b, c, d, đ, g and h of Article 32(1), Decree 96/2026/ND-CP (request with commitment, legal status, financial capacity, project proposal, site documents, BCC contract if any, other documents) |
| Where to file | The industrial, export processing, high-tech or economic zone management board |
| Assessment | Consistency with the zoning (or general) plan, legal status and experience, land needs, schedule, the commitment, incentives (Article 47(3)–(4)) |
| IRC time limit | 15 working days from receipt of the dossier (Article 47(5)(b)) |
| After issue | The IRC and commitment are sent to the local construction-order, science and technology, environmental and fire safety authorities (Article 47(5)(c)) |
Before groundbreaking: notice with a verification report
No permit does not mean no paperwork. Under Article 28(3) of the Investment Law, before groundbreaking the investor sends the local construction-order authority and the zone management board a start notice with:
- the economic-technical report for the construction investment, prepared, appraised and approved by the investor;
- a verification report on the economic-technical report by a qualified organisation or individual, covering structural safety, environmental protection, fire safety and compliance with standards and technical regulations.
When does it make sense?
- Good fit when the project needs an early start and the investor has capable design and verification consultants and accepts full compliance responsibility.
- Think twice when the technology is complex, the fire or explosion risk is high, or lenders and insurers expect state approvals. Any deviation from the commitment is the investor's responsibility.
- Operating obligations such as the environmental permit are not on the waiver list of Article 28(2); check them separately under the Environmental Protection Law.
Compare with the standard path in The 2026 legal roadmap for FDI factory projects.
Legal basis
| Document | Issued | In force | Notes |
|---|---|---|---|
| Investment Law No. 143/2025/QH15 | 11/12/2025 | 01/03/2026 | — |
| Decree 96/2026/ND-CP detailing and guiding the Investment Law | 31/03/2026 | — | — |
| Construction Law No. 135/2025/QH15 | 10/12/2025 | 01/07/2026 | Article 43(2)–(3) from 1 January 2026 |
| Decree 105/2025/ND-CP detailing the Law on Fire Prevention, Fire Fighting and Rescue | 15/05/2025 | 01/07/2025 | — |
Get advice on the legal path for your project
World Steel supports investors from permit preparation, design and fire safety appraisal through to construction and acceptance of factory buildings. Share your project details (location, site area, floor area, target schedule) and our team will contact you to review the legal path for your project.
Note: This article is for general information, based on legislation in force on 25 October 2026, and is not legal advice for any specific project. Vietnamese legal texts are the authoritative versions.
