Announcement of new internal administrative procedures in the sector of technical infrastructure (parks, trees) under decision 721//QD-BXD

Question: “I am a representative of an enterprise that is investing in a project and participating in the management, operation, and exploitation of urban park and tree infrastructure. Recently, I have heard information that the Ministry of Construction announced new internal administrative procedures relating to the allocation of management, handling, leasing, and transfer of the right to exploit park infrastructure assets. Please advise on how this process stipulates the dossier components and time limits, how it impacts the progress of our project, and what risks exist if the new regulations are not clearly understood?”

Answer: Below is the detailed advisory portion regarding the new regulations on internal administrative procedures (group A) newly promulgated in the sector of technical infrastructure under Decision 721/QD-BXD (effective from May 15 2026):

1. Main contents: Decision 721/QĐ-BXD establishes a new internal procedure replacing the abolished process (pursuant to Decision 679/QĐ-BXD), applicable within the management scope of the Ministry of Construction to urban technical infrastructure and related infrastructure. Specifically:

• Scope and list of new procedures: Promulgation of 04 internal administrative procedures relating to park, greenery infrastructure assets invested by the State, including: Procedure for allocation of management; Procedure for handling; Procedure for approval of the scheme on leasing the right to exploit; and Procedure for approval of the scheme on time-limited transfer of the right to exploit. (Legal basis: Article 1 and Part I of the Appendix to Decision 721/QĐ-BXD).
• Scope and list of new procedures: Promulgation of 04 internal administrative procedures relating to park and greenery infrastructure assets invested by the State, including: Procedure for allocation of management; Procedure for handling; Procedure for approval of the scheme on leasing the right to exploit; and Procedure for approval of the scheme on time-limited transfer of the right to exploit. (Legal basis: Article 1 and Part I of the Appendix to Decision 721/QĐ-BXD).
• Dossier for approval of the scheme on exploitation of premises/assets: For transactions of leasing or time-limited transfer of the right to exploit, the management unit shall submit the Scheme on exploitation of park infrastructure assets strictly in accordance with Form No. 03. (Legal basis: Section 3.3 and Section 4.3 of Part II of the Appendix to Decision 721/QĐ-BXD).
• Clear demarcation of the time limit for settling procedures: The competent authority shall return the result of the approval decision (or the refusal document) within the time limit: 30 days (for allocation of management), 45 days (for handling of assets and approval of leasing), and a maximum of 60 days (for approval of transfer of the right to exploit). (Legal basis: Section 1.4, Section 2.4, Section 3.4 and Section 4.4 of Part II of the Appendix to Decision 721/QĐ-BXD).

2. Biggest impacts: Technical infrastructure projects (especially projects with park and greenery items) may be directly affected regarding the appraisal sequence, dossier circulation and actual processing timelines (from 30 to 60 days) within management agencies. Enterprises and investors need to update their progress expectations when working with the Ministry/Department of Construction as well as the People’s Committees at all levels to synchronize the master plan of the project. (Legal basis: Part I and Part II of the Appendix to Decision 721/QĐ-BXD).

3. Risks in case of failure to comply

• The failure to firmly grasp the new process and the specific settlement time limit of each procedure (for example: 30 days for allocation of management, up to 60 days for transfer of the right to exploit) will make it difficult for enterprises to forecast the final approval time, directly affecting the commencement date or delaying the capital disbursement plan. (Legal basis: Section 1.4, 2.4, 3.4 and 4.4 of Part II of the Appendix to Decision 721/QĐ-BXD).
• In case of submitting a dossier lacking components according to the new requirements (such as lacking relevant legal documents or not correctly using Form 01, 02, 03), State agencies shall return the dossier to request supplementation, leading to a significant prolongation of the project appraisal cycle. (Legal basis: Section 1.3, 2.3, 3.3 and 4.3 of Part II of the Appendix to Decision 721/QĐ-BXD).

4. Proposed action plan

• Immediately review all technical infrastructure projects the dossiers of which are currently being submitted or to be submitted for opinions, appraisal at state agencies to cross-check against the new list of documents, forms.
• Proactively work early with specialized agencies (Department of Construction, provincial/communal People’s Committee) to confirm the application of the new internal circulation procedure, thereby re-establishing the legal timeline for the project.

5. Notes and recommendations for customers

• Accurately using the new system of forms: Upon proposing the allocation, handling or exploitation of infrastructure assets, the investor/management unit shall submit the list and plan in accordance with the exact forms (Form 01, 02, 03) attached to the decision. (Legal basis: Section 1.9, 2.9, 3.9 and 4.9 of Part II of the Appendix to Decision 721/QĐ-BXD).
• Correctly identifying the competent resolving agency:
  The receipt and resolution of procedures are decentralized depending on the scale, decided by the Provincial People’s Committee or the Communal People’s Committee. The investor needs to closely monitor to correctly identify the focal point for dossier submission. (Legal basis: Section 1.6, 2.6, 3.6 and 4.6 of Part II of the Appendix to Decision 721/QĐ-BXD).