According to current Vietnamese law, land is classified into many different types of land according to land use purposes to facilitate the process of land management and use. If commercial land is currently regulated as one of the types of land that is accepted by law in the process of socio-economic development, the area of this land is proportional to the increasing users. So about the matter “Regulations on commercial and service land in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What is commercial and service land?
Commercial and service land is land used for the purpose of building establishments for commercial and service activities or for the construction of other works in service of business, commerce and service activities.
Pursuant to the provisions at Point dd, Clause 2, Article 10 of the 2013 Land Law, commercial and service land is land belonging to the group of non-agricultural land;
Commercial and service land is a type of land belonging to the group of non-agricultural production and business land, besides other types of land such as: land in industrial zones, land in industrial clusters, land in export processing zones, and land in non-agricultural production establishments. industry, land used for mineral activities, land for production of building materials, and for making pottery.
The name of commercial or service land clearly shows the land use purpose that the land user is obliged to comply with.
Appendix 01 issued together with Circular 27/2018/TT-BTNMT stipulates the concept of commercial and service land as follows:
“Commercial and service land is land used for construction of business, service and commercial establishments and other works in service of business, services and commerce (including headquarters; representative offices). of economic organizations; land for warehouses and yards for goods of economic organizations not in production areas; beaches).
In summary, commercial and service land is a type of land belonging to the group of production and business land with the purpose of being used for the construction of business, service and commercial establishments and other works in service of business. services and commerce.
Regulations on commercial and service land in Vietnam
- Rights of commercial and service land users
As specified in Articles 153, 166, 167 of the Land Law 2013, specifically, commercial and service land users will have the following rights:
• To be entitled to lease, sublease, issue a certificate of land use rights, receive transfer, receive capital contribution, receive inheritance from other individuals, households and economic organizations;
• To be compensated by the State when the land is recovered according to the provisions of law;
• To enjoy investment results on land, profits from commercial and service activities on land;
• To make complaints, denunciations and lawsuits about land disputes or when the legitimate rights and interests of land users are infringed.
- Obligations of commercial and service land users
The land must be used for the right purposes stated in the land use right certificate, properly used within the boundaries of the land parcel, to ensure the protection of public works in the ground in accordance with the regulations on the use of deep underground. ground and aerial height and other regulations;
Fulfill financial obligations;
To ensure the implementation of measures to protect the land and the environment, without infringing upon the legitimate rights and interests of users of adjacent real estate;
To hand over the land back when the State recovers the land or when the land use term expires without the permission of the competent state agency for the extension of the use term.
When finding objects in the ground must comply with the provisions of relevant laws;
Conditions and procedures for converting land use purposes into commercial and service land
In case the land use purpose is changed to commercial or service land, it must be approved by a competent state agency, even if the source is agricultural land. From commercial and service land without zoning tax to commercial land, level 3 with zoning or leasing tax, or land for construction of non-business works, public purposes, commercial and non-agricultural land and types of land using production land Land that is not commercial or service land is classified as commercial or service land.
Conditions for converting land use purpose into commercial and service land
The land plot that wants to convert land use purpose into commercial and service land must not be entangled in the annual land use master plans and plans of the district-level People’s Committee, not in the planning on compensation for land clearance. equal due to land acquisition;
The land must be determined to be free from any dispute with adjoining properties or any other dispute relating to use rights;
In line with the needs of land users and in accordance with the local commercial and service land recognition quotas.
At the same time, it is necessary to ensure the minimum and maximum area of this type of land according to regulations
Order and procedures for converting land use purpose into commercial and service land
Step 1: Prepare documents
A land user wishing to change land use purpose shall prepare a dossier of application for land use purpose change in accordance with law.
Step 2: Submit application and receive
The land user shall submit the above dossier to the Land Registration Office of the Division of Natural Resources and Environment at district level. After submitting the application, the recipient proceeds to give the requester the appointment form to return the results and transfer the dossier to the specialized agency.
Step 3: Verify the profile
The responsibility for verifying the dossier belongs to the natural resources and environment agency, the verification contents include: verifying the fieldwork of the land plot, verifying the land user’s need to change the land use purpose;
Step 4: Notify the financial obligations to be performed by the land user, after completing this obligation, the land user shall return the proofs to the natural resources and environment agency;
Step 5: Issuing a Land Use Right Certificate
The Division of Natural Resources and Environment shall make a document and submit it to the district-level People’s Committee for issuance of a decision permitting the change of land use purpose, and sign it on the certificate of land use right after the change of purpose;
Update information, change the database on land on the storage medium and change information in the cadastral records under their management.
Step 6: Return the result
Proceed to return the results to the applicant for land use purpose change, namely the certificate of land use right.
Note:
In case the investor receives the transfer of land use right from the current land user for business investment, the procedures for changing the land use purpose shall be carried out concurrently with the procedure for transferring the land use right.
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Frequently asked questions
Pursuant to Clause 4, Article 125 of the Land Law 2013 stipulates that land users may use land on a stable and long-term basis in the following cases:
Commercial and service land, non-agricultural production facilities of households and individuals that are being used stably and are not land allocated or leased by the State for a definite term.
In Clause 3, Article 153 of the 2013 Land Law, the form of commercial land use is as follows:
Economic organizations, households and individuals use commercial or service land through the form of land for non-agricultural production establishments in the form of:
Land lease by the State;
To receive land use right transfer, land lease, land sublease, land use right capital contribution from economic organizations, other households and individuals, overseas Vietnamese;
Sub-lease land associated with infrastructure of foreign-invested enterprises.
Overseas Vietnamese use commercial and service land and use land for non-agricultural production establishments through the following forms:
Land lease by the State;
Land lease or sub-lease of other economic organizations, households, individuals, and overseas Vietnamese;
Sub-lease land associated with infrastructure of foreign-invested enterprises.
Overseas Vietnamese who are specified in Clause 1, Article 186 of the Land Law 2013 are also entitled to inherit or be given land use rights as a ground for construction of non-agricultural and commercial production establishments. trade and services.
Foreign-invested enterprises use commercial or service land using land for non-agricultural production establishments through the following forms:
Land lease by the State;
Land lease or sub-lease from economic organizations or overseas Vietnamese;
Sub-lease land associated with infrastructure of foreign-invested enterprises
Clause 3, Article 126 of the Land Law 2013 provides for the use of commercial and service land for a limited time as follows:
Time limit for land allocation or land lease for organizations to use for purposes of agricultural production, forestry, aquaculture or salt production;
Organizations, households and individuals to use for commercial and service purposes, as non-agricultural production bases;
Organization to carry out investment projects;
Overseas Vietnamese and foreign-invested enterprises to implement investment projects in Vietnam may consider and decide on the basis of investment projects or applications for land allocation or lease but not more than 50 years.
Conclusion: So the above is Regulations on commercial and service land in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
