From 15 September 2026, Decree 303/2026/ND-CP (issued 1 August 2026) takes effect, amending Decree 32/2024/ND-CP on the development and management of industrial clusters. This is the most significant 2026 policy update for industrial-cluster infrastructure investors, with four changes that directly affect investment decisions: a lower expansion threshold, a reserved land fund, local-budget infrastructure support, and a shift from pre-inspection to post-inspection.
1. Four core changes in Decree 303/2026
1.1. Lower expansion threshold: from 60% to 50% occupancy
The most practically significant change is the reduction of the expansion threshold from 60% to 50% occupancy. Previously, an industrial cluster could only be considered for expansion once at least 60% of its leasable industrial land was occupied; from 15 September 2026, the threshold drops to 50%.
The practical meaning: infrastructure investors at 50–60% occupancy — previously stuck below the old threshold — can now start expansion procedures earlier, shortening the capital recovery cycle and capturing tenant demand sooner.
1.2. Land fund reserved for high-tech firms, SMEs and startups
Decree 303/2026 reserves land within industrial clusters for high-tech enterprises, small and medium enterprises (SMEs) and startups. The policy signal is clear: industrial clusters are being repositioned from pure manufacturing sites into infrastructure supporting innovation ecosystems and supporting industries.
For infrastructure investors, this opens two opportunities: (i) attracting higher-tech, longer-term tenants; and (ii) accessing accompanying support policies for these priority enterprise groups under the framework of Resolution 198/2025/QH15.
1.3. Infrastructure support from local budgets
Decree 303/2026 provides for investment support for industrial-cluster infrastructure from local budgets. This is notable because the burden of technical infrastructure investment previously fell mainly on the investor. Local-budget support — with scope and conditions decided by each locality within the decree framework — eases upfront capital pressure, especially in provinces actively promoting industrial-cluster investment.
Note: support levels, eligible parties and procedures are set by each locality; investors should confirm directly with the provincial industrial-cluster authority before finalising financial plans.
1.4. From pre-inspection to post-inspection
Decree 303/2026 shifts the management mechanism from “pre-inspection” to “post-inspection” for certain industrial-cluster development matters. Instead of completing all checks and approvals before implementation, investors may proceed first and face inspection and supervision afterwards. This aligns with the broader administrative reform agenda: less approval waiting time, with the focus moving to compliance monitoring during implementation.
Post-inspection does not mean relaxed conditions, however: investors must still meet all legal requirements, and violations discovered in later inspections carry real enforcement risk. Keep complete compliance files from day one.
2. Land sublease rental refunds: Decree 20/2026 guiding Resolution 198/2025
Alongside Decree 303/2026, Decree 20/2026/ND-CP (effective 15 January 2026) guides Resolution 198/2025/QH15 on the investment incentive framework, including a mechanism for refunding land sublease rental payments to infrastructure investors of industrial zones and industrial clusters.
This is particularly valuable for operating infrastructure investors: previously paid sublease rentals may be refunded under the new mechanism, improving project cash flow and financial efficiency. Investors should review land lease files, sublease contracts and payment receipts to prepare refund applications under Decree 20/2026.
3. Applicable legal framework
| Instrument | Key content | Effective |
|---|---|---|
| Decree 303/2026/ND-CP | Industrial cluster development policy (amending Decree 32/2024): 50% expansion threshold, reserved land fund, infrastructure support, post-inspection | 15/9/2026 |
| Decree 20/2026/ND-CP | Guiding Resolution 198/2025: land sublease rental refunds for IZ/industrial-cluster infrastructure investors | 15/01/2026 |
| Resolution 198/2025/QH15 | Investment incentive framework | 2025 |
| Decree 32/2024/ND-CP | Industrial cluster management and development (original text, as amended by Decree 303/2026) | In force as amended |
4. Caution when referencing Decree 32/2024
Do not rely on the original Decree 32/2024 without cross-checking the amendments in Decree 303/2026. Its provisions on expansion thresholds, reserved land, infrastructure support and inspection mechanisms have changed; citing the original text while ignoring the amendments can base an investment plan on outdated legal grounds.
Research indicates the amendments concentrate in several articles (secondary sources point to Articles 8, 9, 10 and 13). The exact article numbers should be verified against the original text before preparing applications or signing contracts, as secondary interpretations may be incomplete or inaccurate.
5. Recommendations for industrial-cluster infrastructure investors
- Revisit expansion plans: if your cluster is at 50–60% occupancy, the new threshold allows expansion procedures to start earlier than under the old rules;
- Assess land sublease rental refund opportunities under Decree 20/2026 — prepare complete land lease files and payment evidence;
- Engage the provincial authority early on local-budget infrastructure support levels before locking in financial plans;
- Standardise compliance files for the post-inspection era — later inspections will focus on file completeness and accuracy;
- Reposition tenant strategy toward high-tech firms, SMEs and startups to align with the new land-fund orientation.
FAQ
What is the current industrial-cluster expansion threshold?
From 15 September 2026, Decree 303/2026 lowers the expansion threshold from 60% to 50% occupancy of leasable industrial land.
Can infrastructure investors get land sublease rental refunds?
Yes. Decree 20/2026/ND-CP (effective 15 January 2026), guiding Resolution 198/2025, provides a refund mechanism for infrastructure investors of industrial zones and industrial clusters.
Does “post-inspection” mean no conditions before implementation?
No. Post-inspection only changes the timing of checks (after rather than before implementation); investors must still satisfy all legal conditions and face liability if later inspections uncover violations.
Can I cite the original Decree 32/2024 in applications?
Not advisable. Always cross-check against the Decree 303/2026 amendments; citing the original text while ignoring amendments risks basing the file on outdated grounds.
Legal sources cited
- Decree 303/2026/ND-CP (issued 1/8/2026, effective 15/9/2026) — amending Decree 32/2024 on industrial clusters;
- Decree 20/2026/ND-CP (effective 15/01/2026) — guiding Resolution 198/2025, land sublease rental refunds;
- Resolution 198/2025/QH15 — investment incentive framework;
- Decree 32/2024/ND-CP — industrial cluster management and development (as amended).
See also: FLAT Law Firm
Need advice on industrial-cluster investment? FLAT Law Firm advises industrial-cluster and industrial-zone infrastructure investors on project structuring, expansion procedures, rental refund applications and compliance under Decrees 303/2026 and 20/2026: Contact us.
This article is for general reference only and does not constitute legal advice for your specific situation.
Transparency note: Content reviewed by the FLAW AI Legal Council; it does not replace advice from a licensed lawyer.