Procedures for leasing land in accordance with the law of Vietnam

What are the terms of the land lease? Sequence; What is the procedure for renting land? What documents are included in the land lease dossier?

Lawyer X invites readers to refer to the article: Procedures for leasing land according to regulations.

Legal grounds

– Land Law 2013 (amended and supplemented in 2018)

– Decree 43/2014/ND-CP

– Circular 33/2017/TT-BTNMT

Consulting content

Land lease conditions

Land users may lease land use rights when the following conditions are met:

– Have a certificate of land use right;

– Undisputed land;

– The land use right is not distrained to secure judgment enforcement;

– During the land use period.

Dossiers and procedures for land lease

Profile composition:

According to Clause 2, Article 7 of Circular 33/2017/TT-BTNMT; the profile includes:

– An application for registration of changes in land and properties attached to the land, made according to Form No. 09/DK.

– Then, contracts on the lease or sublease of land use rights and ownership of assets attached to the land.

– Secondly, original Certificate issued.

– After that, written approval of a competent state agency for the transferee economic organization; receive a capital contribution, lease agricultural land use rights to implement investment projects.

▪ The land user’s written consent for the land-attached asset owner to lease the land-attached asset; for the case of lease of land-attached assets where the property owner is not a land user at the same time.

Several records: 01 sets.

Order and procedures for land lease

Article 79 of Decree 43/2014/ND-CP stipulates the order and procedures for leasing; sub-lease of land use rights and ownership of land-attached assets as follows:

Step 1: Submit your application

Option 1: Households and individuals pay directly at the commune, ward, or township where the land is located if there is a need.

Method 2: Do not pay at the commune, ward, or township where the land is located.

Note: In the case of leasing a part of the land plot, then the land user requests the Land Registration Office to measure and separate the parcel of land for the area in which the rights of the land user are to be exercised before applying the exercise of the rights of the land user.

Step 2: Receive and process the application

The land registration office is responsible for checking the file if it is eligible to exercise the rights as prescribed

Implementation time: No more than 03 working days; from the date of receipt of valid dossiers; no more than 13 days for mountainous communes, islands, deep-lying, and remote areas, areas with difficult socio-economic conditions; areas with extremely difficult socio-economic conditions.

Step 3: Return the result

After receiving complete and valid dossiers; the issuing authority shall issue a certificate to the land user who has fulfilled the financial obligation or send it to the commune-level People’s Committee; to give to individual households to submit dossiers at commune-level agencies.

Does the land lease contract have to be notarized?

The law does not require notarization and authentication of land lease contracts; that the lease contract; sublease the notarized or authenticated land use right at the request of the parties; This content is clearly stated at Point b, Clause 3, Article 167 of the 2013 Land Law as follows:

“b) Contracts for leasing or subleasing land use rights, land use rights and properties attached to the land, contracts for conversion of agricultural land use rights; a notarized contract for the transfer of land use rights, land use rights, and assets attached to the land, assets attached to the land, which one party or the parties to the transaction is a real estate business organization. or authenticate at the request of the parties;”

However, according to our experience; you should carry out the notarization procedure; authenticate the land lease contract to ensure their rights; especially when there is a dispute.

Maybe you are interested:

– Procedures for buying an apartment without a land use right certificate

– Prohibited acts in real estate business in Vietnam

Frequently asked questions

Consulting service, drafting land lease contract of Lawyer X

If you have difficulty in completing the land lease procedure; especially the issue of drafting land lease contracts. Please use consulting services; to draft the land lease contract of Lawyer X. Lawyer X specializes in consulting and drafting contracts, and carrying out procedures related to real estate by the law in the fastest and most accurate way.

When using the Consulting Service, drafting the land lease contract of Lawyer X. We will perform:

– Firstly, consulting on legal provisions related to donation contracts;

– Then, consultancy on the content and form of donation contracts;

– Thirdly, device on drafting contracts for gifting properties;

– Review, represent customers to draft donation contracts;

– Moreover, advice on donation conditions for properties;

– Similarly, advising on the validity period of the donation contract;

– Consulting, participating in resolving disputes arising from donation contracts;

– Representing customers’ interests when disputes arise;

– Consulting on specialized legal regulations related to donation contracts.

Why should you choose to use the services of Lawyer X?

Coming to the service of Lawyer X, you will be served with utilities such as:

Accurate and fast service: Although the land lease procedure is not too complicated; drafting a land lease contract is an extremely important step. If you do not understand it, it will take a lot of time, effort, money, and even the risk of scamming. That is why when using the services of Lawyer X; So, customers will be consulted, drafted standard contracts, avoid many legal risks.

On-time: With the motto “Get your lawyer right at your fingertips”; We make sure the service always does on time. The rights and interests of customers always come first.

Cost: Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. With reasonable prices, we want our guests to experience the best service. Moreover, costs guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: All personal information of clients Lawyer X will be 100% confidential.

Consulting services, resolving disputes about land, houses, and other real estates of Lawyers

In addition to consulting services on drafting contracts related to the field of land; Lawyer X also provides consulting services to resolve disputes about the land; houses; other real estates. Specifically, we provide advice on dispute resolution as follows:

– Disputes over land use rights, ownership of houses, and other real estates;

– Besides, disputes over the inheritance of land use rights, houses, and other real estates;

– Then, disputes over the division of common property, which are land use rights, houses, and other real estates;

– Disputes related to transactions of land use rights, houses, and other real estates such as Transfer, donation, conversion, inheritance, lease, capital contribution…);

– Similarly, disputes related to the application, collection of fees, and collection of land use fees.

Contact LSX Lawfirm

Finally, we hope this article is useful for you to answer the question about: “Procedures for leasing land by the law of Vietnam”. If you need any further information, please contact LSX Law firm: at  +84846175333 or Email: [email protected]

Conclusion: So the above is Procedures for leasing land in accordance with the law of Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com