The government has revised the land use rights on the red book from “permanent” to have a land-use term of 50 years. This has caused a wave of confusion and apprehension when transacting in the real estate market about land, most of them are worried that their land will not only depreciate but also have a high probability that when the term expires. will be withdrawn at the end of 50 years. Frequently asked questions about 50-year land such as how to check, what kind of red book an apartment building is, whether the land will be recovered after its expiration date, and the steps to follow to know how to lease land for 50 years in Vietnam. Today, LSX Lawfirm will give you an article about “Procedures for leasing land for 50 years in Vietnam”, as follows:
Legal grounds
Land Law 2013
Decree 43/2014/ND-CP
Land with a lease term of 50 years
Accordingly to the provisions of Article 126 of the Land Law 2013, land has a land lease term of 50 years as follows:
– Firstly, The lease term for agricultural land to households and individuals must not exceed 50 years. At the end of the land lease term, households and individuals may consider continuing to lease the land if they have a need.
– Secondly, Time limit for land allocation or land lease for organizations; to use for agricultural production purposes; forestry, aquaculture, salt making; organizations, households, and individuals to use for commercial and service purposes; as a non-agricultural production base; organizations to carry out investment projects; overseas Vietnamese; enterprises with foreign investment capital to carry out investment projects in Vietnam are considered; decisions on the basis of investment projects or applications for land allocation or land lease but not exceeding 50 years.
Procedures for leasing land for 50 years in Vietnam
The 50-year land lease procedure in Vietnam will be carried out according to the following steps:
Step 1: Prepare a 50-year land lease application
Land lease applicants prepare 01 appraisal dossier; and filed it at the agency for natural resources and environment. (In the information of the application file for land lease, clearly write; the personal information of the land tenant such as full name; date of birth, ID card/citizen identity card/Passport …; Requirements for the land area to be used. use; Purpose of land use.. for competent authorities to grasp) then.
For investment projects that have been decided by the National Assembly on investment policies; or the Prime Minister approves the investment policy, the appraisal procedure is not required.
Step 2: The land use rights registration office reviews the land lease documents.
In case of eligibility, the land use right registration office shall make an extract of the cadastral map; or extract the cadastral measurement of the land area for places where there is no cadastral map; extract copies of cadastral records; Then move to the Department of Natural Resources and Environment.
Within 30 days from the date of receipt of complete and valid dossiers; The Natural Resources & Environment agency shall send an appraisal document to the investor to set up a land lease lake. The above 30-day time limit does not include the time for carrying out procedures for permitting the change of land use purpose for rice cultivation; protection of forest land, special-use forest land; to implement investment projects specified in Clause 2, Article 68 of Decree No. 43/2014/ND-CP.
What rights and obligations do enterprises subleasing land leased for 50 years in industrial parks?
So We have just learned the 50-year land lease procedure in Vietnam. We invite you to read and follow along with the section What rights and obligations do businesses that lease land for 50 years in an industrial park have?
Regarding the rights and obligations of these land sub-leasing enterprises, Clause 3, Article 149 stipulates:
“a) In case of subleasing land with one-off rental payment for the entire lease period, they have the rights and obligations prescribed in Article 174 of this Law;
b) In the case of sublease of land with annual rental payment, there are rights and obligations prescribed in Article 175 of this Law.”
Accordingly, point a Clause 2, Article 174 of the 2013 Land Law stipulates; economic organizations that are allocated land by the State with the collection of land use levies; to lease land with one-off rental payment for the entire lease period has the right; Transfer land use rights and assets under their ownership attached to the land then.
Thus, only in the case of enterprises subleasing land in industrial zones; which pay the land rent once for the entire lease period; has the right to transfer the land use right in accordance with the law.
So what is the procedure for renting land for 50 years in an industrial park? We invite you to read the next part.
Procedures for transferring 50-year leased land in industrial zones
Clause 2, Article 149 of the 2013 Land Law, stipulates:
“The State leases land to economic organizations and overseas Vietnamese; foreign-invested enterprises to invest in the construction and business of industrial park infrastructure; industrial clusters, export processing zones. For the land leased area, the annual land rental shall be paid; the person to whom the land is leased by the State has the right to sublease the land in the form of an annual land rental payment; for the leased land area, the land rent shall be paid once for the entire lease period; the person to whom land is leased by the State has the right to sublease the land in the form of a one-off payment of land rent for the entire lease term, or pay annual land rent”.
Accordingly, enterprises invest in production; doing business in industrial parks may sublease land from enterprises investing in the construction and business of infrastructure in industrial parks, and pay a one-time rental for the entire rental period; or pay annual land rent; Depending on the case, the enterprise investing in the construction and business of infrastructure of the industrial park shall pay the land rent to the State then.
The above is the content of Lawyer X’s advice on the procedure for transferring 50-year leased land in an industrial park then.
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Above is LSX Lawfirm’s advice on the content of the problem “Procedures for leasing land for 50 years in Vietnam“. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
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Related questions
Accordingly, to the provisions of Article 10 of the current Land Law, the land is classified into 3 groups agricultural land, non-agricultural land, and unused land. It can be seen that in the current 03 soil groups, there are no regulations on which type of land is 50-year-old land. However, in fact, 50-year land is the way people call it to refer to the type of land with a 50-year term of use. The period of 50 years will be the time when the landowner is granted a certificate of land use right by the State, allowing the land user to possess, manage, use and dispose of the land for a period of 50 years.
Accordingly to Clause 1, Article 188 of the 2013 Land Law, a person has the right to transfer land use rights if he/she meets the following conditions: – Have a certificate of land use right;
– Firstly, The land is not in dispute;
– Secondly, The land use right is not distrained to ensure judgment enforcement;
– Thirdly, During the land use period.
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