Procedures for project land allocation and land lease application in Vietnam
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Legal grounds
Land Law 2013
Dossier of application for land allocation or land lease for project implementation
hen carrying out the procedures for applying for land allocation or land lease for project implementation; the investor needs to prepare a full set of documents including the following documents:
Documents in one of the following cases:
- In case of applying for land allocation to a religious establishment; the economic-technical report on the construction of religious works submitted (Copy);
- For projects using land for mineral activities, a permit from a competent State agency required (Copy);
- For domestic economic organizations, an Enterprise Establishment License or a business registration certificate (copy);
Then
– Firstly, a written certification of the district level that the land area compensated for ground clearance; or the land area is not subject to compensation for ground clearance (Copy);
– Secondly, investment project and Decision approving investment project according to regulations (Copy);
– Thirdly, Extract of cadastral map or cadastral measurement of land plot (original);
– Application for land allocation or land lease (original);
– Then the written approval of the investment policy of the competent authority on the identified location or the investment certificate (Copy);
– The following cases, depending on each specific case, have or the following documents: (According to the form)
- In case of land allocation or land lease for implementation of investment projects on housing construction for sale; or for lease or for sale and lease in accordance with the housing law; real estate investment projects associated with land use rights in accordance with the law on real estate business; production and business projects that do not use capital from the state budget; must have a written assessment of the need for land use; appraisal of conditions for land allocation and land lease by the Department of Natural Resources and Environment (Copy);
- In case of applying for land allocation for use for national defense and security purposes; the investment project not required; but must submit a copy of the decision on investment in construction of defense; and security works issued by competent state agencies. Authority includes contents related to land use;or decision approving the planning of military location of the Ministry of National Defense, Ministry of Public Security (Copy).
Procedures for project land allocation and land lease application in Vietnam
Normally, the project land allocation procedure is divided into the following steps:
Step 1: Prepare documents
The investor prepares 01 set of documents including all the above documents to submit at the State agency
Step 2: Receive and process documents
Land users who wish to apply for land allocation or land lease shall submit a dossier at the Receiving and Results Section of the Department of Natural Resources and Environment where the land to be allocated is located. The Department of Natural Resources and Environment shall guide applicants for land allocation or land lease to compile dossiers of application for land allocation or land lease; fulfill financial obligations.
Within no more than 15 (Fifteen) working days from the date of receipt of a complete and valid dossier, the Department of Natural Resources and Environment shall appraise the dossier and submit it to the Provincial People’s Committee. Within no more than 05 (Five) working days from the date of receipt of the complete dossier submitted by the Department of Natural Resources and Environment, the People’s Committee of the province shall decide on land allocation.
Step 3: Return the result
If your application is valid and the provincial People’s Committee decides to allocate land, the Department of Natural Resources and Environment will sign a land lease contract in case of land lease. Persons who are allocated land in the form of land allocation with collection of land use levy shall pay land use levies, and those who are leased land shall pay land rents.
Immediately after that, the Department of Natural Resources and Environment issues a certificate of land use rights, ownership of houses and other land-attached assets, and organizes land allocation in the field and grants the certificate of land use right. ownership of houses and other land-attached assets to the person who is allocated or leased land.
Time to carry out procedures for project land allocation, procedures for applying for land lease for projects
According to the provisions of the Land Law 2013 and current guiding documents, the time limit for competent state agencies to handle procedures for land allocation or land lease for projects is not more than 20 working days and not more than 35 days. days for communes in mountainous, island, deep-lying and remote areas, and areas with difficult socio-economic conditions.
You can also refer to the article related to Settlement of deposit contract disputes when buying land in Vietnam or Procedures for leasing land for 50 years in Vietnam; Land use term as prescribed by Vietnamese law; or Documents to apply for land use extension in Vietnam; Guidance on procedures for transferring land use rights in Vietnam; Does the red book have the couple’s names according to Vietnamese law?
Related questions
In case of change of land use purpose, permission must be obtained without obtaining permission from a competent state agency; it depends on the type of land and the area of illegal transfer; that the level of administrative violations is different. Besides being fined; violators are forced to restore the original state.
To convert annual cropland to other agricultural land, including: Land used to build greenhouses and other houses for cultivation purposes; land for construction of barns for raising cattle, poultry and other animals permitted by law; aquaculture for the purpose of study, research and experiment;
Converting land for planting other annual crops and aquaculture land to planting perennial crops;
Converting land for growing perennial crops to land for aquaculture or annual crops;
Then converting residential land to non-agricultural land which is not residential land;
Transfer of commercial and service land to other types of land belonging to non-agricultural production and business land which is not the land of non-agricultural production establishments; converting non-agricultural production and business land that is not commercial or service land or non-agricultural production establishment land to land for construction of non-business works.
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