In what cases must a deposit be made according to the Law on Investment?
Cases where a deposit is required in investment
According to Clause 1, Article 43 and Clause 4, Article 77 of the Law on Investment 2020; Clause 1, Article 25 Decree No. 31/2021/ND-CP:
The investor shall pay a deposit or have a bank guarantee for investment project execution if the project uses land allocated or leased out by the State or is permitted by the State to repurpose land, except for the following cases:
- The investor is the successful bidder for the right to use a land area that is allocated by the State for land levy or leased out by the State for a lump-sum rent;
- The investor wins bidding for execution of an investment project using land;
- The State allocates or leases out land to the investor on the basis of receipt of an investment project for which a deposit has already been paid or for which the capital has been fully contributed or raised following the schedule specified in the written approval for investment guidelines or the investment registration certificate;
- The State allocates or leases out land to the investor for execution of an investment project on the basis of receipt of the land use right and assets on land from another land user.
So, the investor shall pay a deposit or have a bank guarantee for investment project execution if the project uses land allocated or leased out by the State or is permitted by the State to repurpose land.
Note: In case the investor adjusts the goals and progress of the investment project or changes the land use purpose after January 1, 2021, they must make a deposit/have a bank guarantee regarding the deposit obligation according to regulations.