Decree 274/2026/ND-CP: Investor Selection for Business Investment Projects from 21 August 2026

On 07 July 2026, the Government issued Decree No. 274/2026/ND-CP detailing a number of articles and implementing measures of the Law on Bidding regarding the selection of investors to implement business investment projects. The Decree takes effect on 21 August 2026 and replaces Decree No. 23/2024/ND-CP and Decree No. 115/2024/ND-CP. It directly affects land-use projects, social infrastructure projects and many other categories of business investment projects — an area of particular interest to Vietnamese enterprises and foreign (FDI) investors.

Mục 01What does Decree 274/2026/ND-CP regulate?

Decree 274/2026/ND-CP implements the Law on Bidding in the specific field of selecting investors to implement business investment projects (as distinct from selecting contractors). Its main content covers:

• Ensuring competition in investor selection;
• Incentives for investors;
• Costs of investor selection;
• Cases of direct appointment of investors and investor selection in special cases;
• Methods, processes and procedures for investor selection; online bidding;
• Methods and criteria for evaluating bid dossiers;
• Contents of contracts for investment projects using land;
• Inspection, supervision, handling of violations, handling of situations, and transitional provisions.

The Decree also sets out implementation measures such as land-fund conditions for organising bidding, disclosure of business investment project information, and project implementation after an investor has been selected.

Mục 02Which projects must go through investor selection by bidding?

One of the most closely watched points is the scope of projects that must be tendered. Under Decree 274/2026/ND-CP, these include:

• Projects using land under land legislation;
• Domestic solid waste treatment projects;
• Water supply projects;
• Marketplace construction projects;
• Rest-stop projects;
• Airport construction projects;
• Projects in education, healthcare, culture, sports and the environment under socialisation policies where two or more investors express interest;
• Projects for renovation and reconstruction of apartment buildings;
• Electricity business investment projects and other projects that specialised legislation requires to be tendered.

At the same time, the Decree clearly identifies cases in which bidding is not required. This delineation aims to end inconsistent interpretation among provinces, which has long delayed project preparation.

Mục 03Ensuring competition: legal and financial independence

To strengthen transparency, Decree 274/2026/ND-CP tightens competition-assurance requirements:

• The investor must be legally and financially independent from the competent authority, the procuring entity and the relevant consultants;
• The Decree specifies how to determine capital ownership ratios and relationships between enterprises in parent–subsidiary or joint venture (consortium) structures, in order to prevent conflicts of interest.

For foreign investors who typically participate through multi-tier group structures or special purpose vehicles (SPVs), this requires careful review at the investment-structuring stage. Discovering a cross-ownership link with the consultant that prepared the bidding documents at a late stage may lead to disqualification of the bid.

Mục 04Incentives for high technology, green technology and innovation

The Decree provides incentives for investors offering advanced technology, high technology, environmentally friendly technology, or committing to technology transfer. Science and technology enterprises, innovative start-ups, innovation centres, high-tech enterprises and other organisations within the innovation ecosystem are also eligible for incentive policies in investor selection.

According to information published by the Vietnam Law Newspaper (Ministry of Justice) on the Decree, the incentive applied when evaluating bid dossiers is 5% for investors applying high technology or green technology and 2% for investors committing to technology transfer. Enterprises should verify the corresponding article of the Decree when preparing bid dossiers.

Mục 05Standardised costs of investor selection

Decree 274/2026/ND-CP standardises cost norms in the investor selection process. According to the Vietnam Law Newspaper, notable norms include:

• Cost of preparing bidding documents: 0.05% of total investment capital, capped at VND 200 million;
• Cost of evaluating bid dossiers: 0.03%, capped at VND 200 million;
• Cost of resolving petitions: not exceeding VND 200 million;
• Selling price of the electronic version of international bidding documents: maximum VND 30 million.

Capping these costs allows investors — particularly foreign investors entering the Vietnamese market for the first time — to budget participation costs from the opportunity-assessment stage.

Mục 06Standardised process and stronger online bidding

The Decree provides a uniform investor selection process for each form of bidding: from publication of the business investment project, bidding preparation, organisation of the bidding, evaluation of bid dossiers, through appraisal, approval of results and contract signing.

For projects subject to and not subject to in-principle investment approval, the Decree specifies the responsibilities of competent authorities in disclosing project information and in preparing and approving business investment project information, ensuring transparency from the preparation stage.

On digital transformation, the Decree continues to promote use of the National Bidding Network System across the entire process: posting project information, issuing documents, receiving dossiers and conducting investor selection under the online bidding roadmap.

Mục 07What should enterprises and investors prepare before 21 August 2026?

1. Review the legal status of projects under preparation: determine whether the project is currently governed by Decree 23/2024/ND-CP or Decree 115/2024/ND-CP and check the transitional provisions of Decree 274/2026/ND-CP.
2. Check competition-assurance conditions: map the ownership structure of the investor/consortium and review relationships with the procuring entity and relevant consultants.
3. Prepare evidence supporting incentives: documentation on high or environmentally friendly technology, technology transfer commitments, and certificates of science and technology or high-tech enterprise status.
4. Standardise financial capacity documents: audited financial statements, credit commitment letters and evidence of owner equity as required by the bidding documents.
5. Get ready for online bidding: register, activate and assign permissions on the National Bidding Network System; prepare digital signatures.
6. Review the draft land-use investment project contract: in particular clauses on schedule, land-related financial obligations, handling of breaches and termination.

Mục 08Frequently asked questions

When does Decree 274/2026/ND-CP take effect?

It takes effect on 21 August 2026. The Decree was issued by the Government on 07 July 2026.

Which documents does Decree 274/2026/ND-CP replace?

It replaces Decree No. 23/2024/ND-CP and Decree No. 115/2024/ND-CP.

Must every land-use project be tendered?

Projects using land under land legislation fall within the group of projects requiring investor selection by bidding. However, the Decree also sets out cases where bidding is not required, so each project must be checked against the Decree and the relevant land and investment legislation.

Can foreign investors enjoy incentives in bid evaluation?

The Decree ties incentives to technology and innovation criteria (advanced, high or environmentally friendly technology, technology transfer commitments) and to entities in the innovation ecosystem, rather than to investor nationality. Specific conditions must be checked against the bidding documents of each project.

How are projects already in the investor selection process before 21 August 2026 handled?

Decree 274/2026/ND-CP contains transitional provisions. Enterprises should check the date of issuance of the bidding documents, the bid closing date and the status of result approval to determine whether the old or new rules apply.

Mục 09How HTIC can support you

HTIC Law Firm advises enterprises and foreign investors throughout the life cycle of business investment projects: assessing eligibility to participate in bidding, reviewing competition-assurance conditions and ownership structures, preparing bid dossiers, reviewing and negotiating land-use investment project contracts, and handling petitions in bidding.

If your project may be affected by Decree 274/2026/ND-CP, contact HTIC for a legal review and a tailored roadmap.

Mục 10Legal basis and references

• Decree No. 274/2026/ND-CP dated 07 July 2026 of the Government detailing a number of articles and implementing measures of the Law on Bidding regarding selection of investors to implement business investment projects (effective 21 August 2026).
• Decree No. 23/2024/ND-CP and Decree No. 115/2024/ND-CP (replaced).
• Vietnam Government Portal – National legal documents database.
• Vietnam Law Newspaper (Ministry of Justice), New policies taking effect from August 2026, 30 July 2026.

This article provides general legal information and does not replace legal advice for a specific matter.