The “as-built completion” (hoan cong) of an FDI enterprises factory is a chain of two linked steps: completion acceptance of the work under Decree 207/2026/ND-CP so the factory qualifies for use, and registration of ownership of the land-attached asset to obtain a certificate (the “red book/pink book”) for the factory on the leased land plot under the Law on Land 31/2024/QH15 and Decree 101/2024/ND-CP. An FDI enterprise leasing land with annual rent is still issued a certificate of ownership for the factory it lawfully built — this certificate is the basis for mortgaging the factory for loans and the recorded asset in project transfers and share transfers.
Legal basis
- Decree 207/2026/ND-CP: completion acceptance of work items and the construction work is a mandatory step before the work is put into operation and use; the work completion file comprises as-built drawings, the completion acceptance record, materials and equipment quality documents and specialised approvals (fire protection, environment) of the factory work.
- Articles 148 and 149 of the Law on Land 31/2024/QH15: the certificate of land use rights and ownership of land-attached assets is issued to the land user and the owner of land-attached assets; a lessee paying annual land rent is issued a certificate for ownership of land-attached assets it has lawfully invested in and built on the leased land (the leased land use right is recorded in the same certificate under the land lease regime).
- Decree 101/2024/ND-CP on basic land survey, registration and certificate issuance: the sequence and file for first registration and certificate issuance for land-attached assets include the construction permit, the work completion file, the land lease contract and the land lease decision; processing time limits follow the decrees rules for each registration type.
- Law on Land 31/2024/QH15: the rights of an annual-rent lessee include mortgaging its own assets attached to the leased land at credit institutions and selling land-attached assets when conditions are met — these rights can only be fully exercised once the factory has been issued an ownership certificate.
- Decree 339/2026/ND-CP: putting a work into operation and use without completion acceptance as prescribed is administratively fined under that decrees framework, with a remedial measure of performing the acceptance.
The completion file and titling conditions — documents to prepare from commencement
In substance, the titling file for the factory is “assembled” from the quality management file throughout construction: the construction permit and approved design file; as-built drawings matching reality; the completion acceptance record under Decree 207/2026/ND-CP (and the specialised construction authoritys acceptance approval for works subject to inspection); the fire protection acceptance record; the document confirming completion of environmental protection works/the projects environmental licence; and the land file (land lease decision, land lease contract, documents of fulfilment of land financial obligations). Losing the construction file chain and only gathering it at completion is the number-one reason titling takes many extra months.
A legal point to fix with the investor: the certificate issued for a factory on annually-rented land records the enterprises ownership of the work within the land lease term; when the land lease expires or the enterprise sells the land-attached asset, the factory ownership is handled under the land lease contract and land law. Where the enterprise sub-leases land in an industrial park from the infrastructure investor, titling is performed through registration at the Land Registration Office with the industrial park investors coordination under Decree 101/2024/ND-CP.
Realistic timeline and the consequences of skipping completion
The timeline has two segments: the completion segment (completion acceptance and specialised acceptances) depends on the readiness of the construction file — usually weeks to a few months for a factory work subject to authority inspection; the registration and certificate issuance segment at the Land Registration Office runs within the administrative time limits prescribed in Decree 101/2024/ND-CP from a valid file. The enterprise should budget an overall 2-4 months for the whole chain with a complete construction file, and considerably longer where records must be supplemented, re-measured, or deviations from the construction permit handled.
Skipping completion creates three accumulating consequences: (1) legal — putting the factory into use without completion acceptance is a violation fined under Decree 339/2026/ND-CP; (2) asset — the factory has no ownership certificate, so it cannot be mortgaged at a bank and is under-valued or unrecorded in due diligence for M&A and project transfers; (3) operational — when the land lease expires or is extended, or a dispute arises with the industrial park investor, the enterprise lacks the legal basis evidencing its ownership of the work it invested in.
Frequently asked questions
What is the as-built completion and titling procedure for an FDI factory?
Two linked steps: (1) as-built completion — organising completion acceptance of the work under Decree 207/2026/ND-CP with a full completion file (as-built drawings, acceptance records, fire and environmental acceptances); works subject to inspection need the construction authoritys acceptance approval; (2) titling — filing for registration of ownership of the land-attached asset at the Land Registration Office under the Law on Land 31/2024/QH15 and Decree 101/2024/ND-CP to be issued the certificate of land use rights and ownership of land-attached assets for the factory.
What documents does the completion file include?
Under Decree 207/2026/ND-CP and Decree 101/2024/ND-CP, the file comprises: the construction permit and approved design file; as-built drawings matching the actual status; the completion acceptance record and the specialised authoritys acceptance approval (if subject to inspection); the fire protection acceptance record; documents on completion of the projects environmental obligations; the land lease decision, land lease contract and documents of fulfilment of land rent financial obligations.
How long does titling take?
The registration and certificate issuance segment is processed within the administrative procedure time limits in Decree 101/2024/ND-CP from receipt of a complete, valid file; but the realistic total must add the completion segment — completion acceptance and specialised acceptances — which usually brings the whole chain to about 2-4 months with a complete construction file. Files missing construction records, or with construction deviating from the permit, or with outstanding land financial obligations take considerably longer due to supplementation and prior handling.
What happens if completion is not done?
There are clear consequences: putting the factory into use without completion acceptance is administratively fined under Decree 339/2026/ND-CP; the factory is not issued an ownership certificate for the land-attached asset, so it cannot be mortgaged to a bank, is hard to value in project transfer/M&A transactions, and the enterprise lacks a legal basis for its ownership of the work when the land lease expires, is extended or a dispute arises.
This article has been quality-reviewed by the FLAW AI Legal Council