Today, LSX Lawfirm will give you an article about: “Documents to apply for land use extension in Vietnam”, as follows:
Legal grounds
Land Law 2013.
Decree 43/2014/ND-CP.
Decree 01/2017/ND-CP
Cases in which required land use extension in Vietnam
Case 1
According to the provisions of Clause 1, Article 74 of Decree No. 43/2014/ND-CP; In the case of organizations or Vietnamese residing abroad; foreign-invested enterprises, households and individuals using land outside the hi-tech park; economic zones and not in the cases specified in Clauses 2 and 3, Article 74 of Decree 43/2014/ND-CP; When the land use period expires, it is necessary to apply for an extension of the land use period as follows:
If it is an adjustment of an investment project, there is a change in the project’s operational term; then submit the application for extension of land use term after receiving a document from a competent authority on the adjustment of the investment project;
If you apply for an extension of land use, you must carry out registration procedures for adjustment of investment projects; the appraisal of land use demand shall be carried out concurrently with the implementation of registration procedures for adjustment of investment projects;
If the investment project has its scale adjusted, there is a change in the project’s operation duration; then the land use term is adjusted according to the operation period of the project.
Case 2
According to the provisions of Clause 2, Article 74 of Decree No. 43/2014/ND-CP; In case of extension of land use rights for individuals; households directly engaged in agricultural production are using agricultural land allocated by the State; recognition and transfer of land use rights; when the land use term expires, they may continue to use the land according to the time limit specified in Clause 1, Article 126 and Clause 3, Article 210 of the Land Law; without having to carry out procedures for adjusting the land use term.
But if there is a need to confirm the declaration of the time of land use on the Certificate; then follow the order and procedures for extension of land use rights according to general procedures.
Documents to apply for land use extension in Vietnam
The same applies to cases where the land use period must be extended; respectively, there are also 02 types of documents specific to each case.
*Type 1: Dossier submitted when carrying out procedures for land use extension outside the hi-tech park; Economic zones include:
An application for registration of changes in land and land-attached assets, made according to Form No. 09/DK;
The original of the issued Certificate;
A copy of the additional investment decision or the investment license or the investment certificate showing the term or adjustment of the project implementation term in accordance with the time limit for applying for an extension of land use in the case of land use organization’s; foreign organizations with diplomatic functions, foreign-invested enterprises and overseas Vietnamese implementing investment projects;
Proof of fulfillment of financial obligations (if any).
*Type 2: Dossier submitted when carrying out procedures for confirmation of the household’s continued use of agricultural land; Individuals upon the expiration of the land use term, in case of need, include:
An application for registration of changes in land and land-attached assets, made according to Form No. 09/DK;
Original Certificate issued.
Order and procedures for land use extension
Procedures for extending land use term will be carried out according to the provisions of Article 74 of Decree No. 43/2014/ND-CP guiding the implementation of the 2013 Land Law. Order; procedures for extension of land use rights; certification of continued use of agricultural land of households and individuals upon the expiration of the land use term as follows:
Step 1: Submit application at the agency of natural resources and environment
Prepare 01 complete set of documents; suitable for each case of applying for land extension as analyzed above. And submit the application at the local natural resources and environment agency.
Step 2: Assess the land use needs of the applicant for the extension of the land use term
– The Department of Natural Resources and Environment is responsible for verifying the dossier; determine the need for land use in accordance with the application for extension or additional production projects; approved business; submit to the Provincial People’s Committee for decision on extension; direct the affiliated land use right registration office to make a copy of the cadastral dossier;
– The land use right registration office is responsible for making a copy of the cadastral dossier and sending it to the Department of Natural Resources and Environment and sending the cadastral data to the tax authority to determine financial obligations;
Step 3: Submit the granted certificate, the document has fulfilled the financial obligations
In case the land use term is extended, the land user must submit the granted Certificate; documents that financial obligations have been fulfilled to the natural resources and environment agency.
Step 4: Handing over land use right certificates to land users
- In case the land registration office is extended, the land registration office will be responsible for confirming the extension of land use in the issued Certificate; to correct and update changes in cadastral records and land databases; handing over the Certificate to the grantee or sending it to the Commune People’s Committee for handover if the extender submits the dossier at the commune level;
- In case of ineligibility for land use extension; the competent authority must notify the land user and carry out the procedures for land recovery in accordance with the provisions of the current 2013 Land Law.
Time to carry out procedures for land use extension
According to the provisions of Article 61 of Decree 43/2014/ND-CP; Point e, Clause 2, Article of Decree No. 01/2017/ND-CP: The time to carry out land administrative procedures related to the time limit for land use will not exceed 07 days.
So; The competent state agency in charge of land upon receipt of the application for extension of the land use period and the documents enclosed with the full procedures, such as the declaration form defining the time period for land use and certification complete declaration of land use time stamp, application for extension of agricultural land use time, etc. of the land user; then it will be necessary to carry out the procedures and return the results of the extension of the land use period within 07 working days.
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.
Related questions
The land use term upon receipt of a land use right transfer, for a type of land with a specified term, is the remaining land use duration of the land use term before receiving the transfer of the land use right.
The recipient of the transfer of land use rights for the type of land that is used stably and long-term; long-term stable land use.
Article 67 of the 2013 Land Law also clearly states as follows: “At the end of the term, land users may continue to allocate or lease land from the State if they wish to continue using and strictly abide by the law on land. land in the process of use and that land use is in accordance with the approved land use planning;”
So; When the land use term expires, you can go for an extension to extend the use period. Except for cases of land under planning.
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