Procedures for land allocation and land lease for project implementation are always interested by investors. However, at present, many investors do not really understand this procedure. LSX Lawfirm will give you an article about: “Procedures for project land allocation and project land lease”, as follows:
Legal grounds
Land Law 2013.
Conditions for carrying out procedures for project land allocation
To determine the conditions for being allocated land by the State to implement an investment project, you need to base it on one of the following specific cases:
For projects that use rice-growing land, protection forest land, and special-use forest land for other purposes that are not decided by the National Assembly and approved by the Prime Minister, the state agency shall Competent countries may only decide on land allocation, land lease or permission to change land use purposes when having one of the following documents:
- The written approval of the Prime Minister for the case of changing the use purpose of 10 hectares or more of rice land; from 20 hectares of protective forest land or special-use forest land.
- Resolution of the People’s Council of the province for the case of changing the use purpose of less than 10 hectares of rice land; less than 20 hectares of protective forest land and special-use forest land.
In addition
For projects using land on islands and bordering and coastal communes, wards and townships; competent state agencies may only decide on land allocation, land lease, or permission to change the land use purpose upon approval. written approval of the relevant ministries and branches.
- A person who is allocated; leased or permitted by the State to change the land use purpose for the implementation of an investment project must meet the following conditions:
- Having the financial capacity to ensure the use of land according to the progress of the investment project.
Deposit in accordance with the law on investment. - Do not violate the provisions of the law on land in case; they are using land allocated or leased by the State to implement other investment projects.
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?
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
– 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);
– Investment project and Decision approving investment project according to regulations (Copy);
– Extract of cadastral map or cadastral measurement of land plot (original);
– Application for land allocation or land lease (original);
– 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).
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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