Resort construction planning is one of the most critical factors determining a project’s success. This article provides a detailed guide on the latest regulations and requirements in 2025.

1. Overview of Resort Construction Planning

Resort construction planning is the process of formulating a master plan for land use, spatial arrangement, and construction items within a resort area. This process requires strict compliance with legal regulations and must ensure the feasibility of the project.

In Vietnam, resort planning and construction are rapidly developing thanks to the country’s diverse tourism potential and rich natural landscapes. However, the process also presents numerous challenges in terms of regulatory compliance and environmental protection.

In reality, several violations have been recorded, such as the unauthorized construction of the Le Mont Bavi Resort & Spa within Ba Vi National Park (Resort Construction in Ba Vi National Park: Representative of the Ministry of Natural Resources and Environment Speaks Out), or the case in which the Nha Trang City government had to revoke over 28,000 m² of land from the Ana Mandara resort to return coastal space to the public (Returning Prime Coastal Land from Resort to the Community). These incidents show that resort construction planning is not merely a technical issue but also a balancing act between economic development, environmental conservation, and community interests.

2. Regulations on Resort Construction Density

According to the current regulations in the National Technical Regulation QCVN 01:2021/BXD, the maximum permitted gross construction density for integrated tourism – resort areas is 25%.

Some additional requirements when constructing resorts:

• Garden areas, greenery, landscaping, traffic, and auxiliary structures outside the villas must account for at least 40% of the total land area designated for resort villas.
• The construction density, land use coefficient, and building height must comply with the detailed planning or urban design approved by competent authorities.

3. Procedures for Land Use Conversion

The land use conversion process includes the following steps:
(Article 121, 227 of the 2024 Land Law; Article 44 of Decree 102/2024/ND-CP)

Step 1: File submission
The land user submits an Application for Land Use Purpose Conversion (Form 02c) to the designated local authority.

Step 2: Document review
The land administration authority shall:

• Review the application and conduct a site inspection;
• Request additional documents if the application is incomplete;
• Prepare cadastral map extracts or measurements if necessary.

Step 3: Dossier preparation and submission
The land authority submits the dossier to the competent People’s Committee to issue a decision on land use conversion.
The dossier includes: the application, cadastral extract/measurement, submission form (Form 03), and draft decision (Form 04c).
The decision shall include provisions on financial obligations, land price, and the tax authority’s responsibilities.

Step 4: Decision issuance
The competent authority issues the conversion decision:

• District-level People’s Committee for individuals;
• Provincial-level People’s Committee for organizations.

Step 5: Transfer of information to the tax authority
The land administration agency transfers cadastral information (Form 04h) to the tax authority.

Step 6: Financial obligations
The tax authority informs the applicant of the land use/lease fee payable.
The land user makes the payment as required.
The tax authority confirms completion of financial obligations.

Step 7: Issuance of Land Use Rights Certificate
The land authority submits for issuance of the Land Use Rights Certificate (if applicable).
If land is leased, a lease agreement (Form 05a) is signed.
Land handover on-site is conducted (Form 06).
The land registration office updates the land database.

Processing time: The entire procedure shall not exceed 20 working days.

4. Regulations on Resort Land Lease Term

Land lease term for resort development is stipulated as follows:
(Article 172; Clause 2, Article 173 of the Land Law)

• The lease term shall be determined based on the project’s operating duration, but not exceeding 50 years.
• If the project has a permitted duration of over 50 years under the Investment Law, the lease term may be up to 70 years, but must not exceed the project’s operational term.
• Upon lease expiration, if the investor wishes to continue using the land, the State may consider extension, but not beyond the maximum prescribed term.

Extension of land lease: (Clause 3, Article 172 of the Land Law)

• The land user must submit a renewal application no later than 6 months before lease expiry.
• If this deadline is missed, renewal shall not be granted, except in force majeure cases.

5. Technical Requirements in Resort Planning

Technical standards must comply with TCVN 4391:2015, including:

1. Location and Architecture

• Favorable location, easy accessibility, safe and clean environment.
• Architecture suitable for business purposes, with logical layout of service areas.
• Harmonious interior and exterior design and decoration.

2. Equipment and Facilities

• Adequate, functional, and compliant with hotel star rating.
• Standard-compliant systems for electricity, water supply, drainage, ventilation, communications, and fire safety.
• First-aid kit, signage, emergency exit lights, and clear function labels are required.

3. Service and Quality

• Service quality must meet the standards corresponding to the registered star rating.

4. Management and Staff

• Professionally trained in relevant areas including foreign languages and IT.
• Physically fit, wearing standard uniforms with name tags.

5. Safety, Hygiene, and Environment

• Fully comply with regulations on environmental protection, food safety and hygiene, security, and fire prevention and control.

6. Procedures for Construction Planning Approval

The resort construction planning approval process includes:
(Article 20 of the Construction Law 2014, as amended by Law No. 35/2018/QH14)

• Formulation and approval of planning tasks: Define goals, scope, contents, and planning requirements.
• Field investigation and survey: Collect maps, data, and materials related to natural conditions, socio-economic status, and relevant national, regional, and provincial plans.
• Preparation of construction planning schemes: Present planning details through drawings and explanatory documents.
• Evaluation and approval of planning schemes: Competent authorities assess and approve the planning schemes.

The dossier for evaluation and approval of construction planning tasks includes: (Clause 1, Article 27 of Decree 44/2015/ND-CP)

• Submission letter requesting evaluation and approval;
• Explanatory notes including reduced-size color-printed drawings;
• Draft decision on task approval;
• Relevant legal documents and feedback explanation from agencies, organizations, and communities;
• Legal status and capability profile of the consulting organization.

Conclusion

Resort construction planning is a complex process requiring strict adherence to legal regulations. Understanding the relevant requirements and regulations will help ensure smooth project implementation and high efficiency.

Note: The regulations and information in this article are updated according to the latest legal documents in 2025. For accuracy, please refer to current legislation and seek advice from the legal experts at Harley Miller Law Firm.

Refer another related article Resort Construction Planning in Vietnam: A Comprehensive Guide for 2025

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