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Deposit for Securing Project Implementation: How Did the 2025 Law Change the Rates and Exemptions?

Deposit for Securing Project Implementation: How Did the 202

This article is for reference only and does not constitute legal advice. Content reviewed by the FLAW AI Legal Council.

The deposit securing project implementation is a familiar obligation for investors allocated or leased land. What did the Investment Law 2025 change on deposit rates and exemptions? A detailed comparison follows.

1. The deposit regime moves from Article 43 to Article 30

The Investment Law 2025 (Law No. 143/2025/QH15) provides for the deposit or bank guarantee obligation in Article 30, applying to projects allocated land, leased land, or permitted to change land-use purpose.

2. Deposit rates: removed from the law, kept in the decree

The key legislative change: the 2025 Law removes the 1%–3% band from the law and delegates detailed rules to the Government. Decree 96/2026/ND-CP keeps the old rates unchanged on a progressive, tranche-based basis (Article 27.2 of Decree 96/2026/ND-CP):

  • 3% for the capital portion up to VND 300 billion;
  • 2% for the portion above VND 300 billion up to VND 1,000 billion;
  • 1% for the portion above VND 1,000 billion.

Bottom line: the 2025 Law neither raises nor lowers deposit rates — it only moves the detailed rulemaking from the law to the decree.

3. Calculation base and reductions

The capital base excludes land-use fees, land rentals paid to the State, and construction costs of works the investor must hand over to the State (Article 27.3 of Decree 96/2026).

Reductions stay the same: 25% for projects in incentivized sectors or difficult areas; 50% for projects in especially incentivized sectors or especially difficult areas (Article 27.4 of Decree 96/2026).

4. Exemptions: from 4 to 5 cases

The most notable addition: winning an auction of mineral exploitation rights. Point (a) is also broadened: the 2020 Law exempted only land-use-right auctions tied to paid land allocation or one-off land rental; the 2025 Law exempts winning a land-use-right auction generally.

5. Comparison table

Item2020 Law (Art. 43) + Decree 31/20212025 Law (Art. 30) + Decree 96/2026
Rate band in the law1%–3%Removed; delegated to Government
Detailed rates3%/2%/1% progressiveUnchanged (Art. 27.2 Decree 96/2026)
25%/50% reductionsYesUnchanged
Exemptions45 (mineral auction added)

6. Transition

Projects implemented before 1 July 2015 that fall under the 2025 deposit scope are not required to make a deposit; but adjustments to objectives, schedules, or land-use purpose after the 2025 Law takes effect trigger the deposit for the adjusted portion (Article 52.7 of Law 143/2025; Article 105 of Decree 96/2026).

Contact FLAT Law Firm for advice on deposit obligations and exemptions under the new Investment Law.