What area of land will be recovered when the final operation of the investment project will be assigned to the Land Fund Development Organization in Vietnam for management (Tentative)?
- What area of land will be recovered upon termination of the investment project's operation, which will be assigned to the Land Fund Development Organization in Vietnam for management (Tentative)?
- Current regulations on land recovery in case of termination of operation of an investment project in case of one-time payment of land lease?
- Current regulations on land acquisition in case of termination of operation of investment projects in case of land lease with annual payment?
What area of land will be recovered upon termination of the investment project's operation, which will be assigned to the Land Fund Development Organization in Vietnam for management (Tentative)?
According to Article 3 of the Draft Decree amending and supplementing a number of Decrees detailing the implementation of the Land Law amending and supplementing Clause 14, Article 2 of Decree 01/2017/ND-CP as follows:
“Article 15b. The handling of land use rights and land-attached assets in case of termination of operation of an investment project in accordance with the law on investment
The recovery of land in case of termination of operation of an investment project according to the provisions of the law on investment, except for cases where the State recovers land according to the provisions of Clause 1, Article 64 and Clause 1, Article 65 of the Law. Land is made according to the following provisions:
1. In case the State allocates land with collection of land use levy or leases land with one-off payment for the entire lease period, the investor has fulfilled its financial obligations and meets the conditions for exercising rights as prescribed. In Article 188 of the Land Law, land recovery shall be handled as follows:
a) The investor may continue to use the land for 24 months from the date the investment project is terminated in accordance with the law on investment but must not exceed the remaining land use term;
b) Within the time limit specified at Point a of this Clause, the investor may transfer the land use right or sell the lawful land-attached assets to another investor in accordance with law.
Upon the expiration of the extended land use term, if the investor fails to transfer the land use right or sell his/her lawful property attached to the land to another investor, the State shall recover the land and not compensate the investor. usually about land and assets attached to land.
2. In case the land is leased by the State with annual rental payment and satisfies the conditions for selling or buying land-attached assets leased by the State with annual rental payment as prescribed in Article 189 of the Land Law land, land shall be recovered according to the following provisions:
a) The investor may continue to use the land for 24 months from the date the investment project is terminated in accordance with the law on investment but must not exceed the remaining land use term. During this land use term, the investor may sell lawful assets attached to the land to other investors in accordance with law. The State recovers the land from the seller of the leased land-attached assets to lease it to the buyer;
b) Upon the expiration of the land use extension period specified at Point a of this Clause, if the investor fails to sell his/her lawful property attached to the land to another investor, the State shall recover the land. without compensation for land and properties attached to land.
3. The recipient of land use right transfer or purchase of land-attached assets as prescribed in Clauses 1 and 2 of this Article is responsible for formulating an investment project before carrying out the procedures for registration of the transfer of the right to use land. land, sell or purchase properties attached to land with state agencies according to regulations.
4. In case the investor has been allocated or leased land by the State but is not eligible to transfer the land use right, sell the assets attached to the leased land, or does not have the right to transfer the land use right and does not If there are assets attached to land, the State shall recover them immediately after the competent authority issues a written termination of investment activities.
In case the State allocates land with collection of land use levy or leases land with one-off payment for the entire lease period, the State will refund the remaining value of land use rights and the value of assets attached to the land. legally created (if any) after the State allocates or leases the recovered land to others for use.
In case land is leased by the State with annual rental payment, the State will return the value of legally created land-attached assets when the State allocates or leases recovered land to another person. use.
The person to whom land is allocated or leased by the State shall return the remaining value of land use rights and the value of properties attached to land to the person whose land is recovered according to the provisions of this Clause.
5. The recovered land area specified in this Article shall be assigned to the Land Fund Development Organization in Vietnam for management according to regulations."
What area of land will be recovered when the final operation of the investment project will be assigned to the Land Fund Development Organization in Vietnam for management (Tentative)? (Picture from internnet)
Current regulations on land recovery in case of termination of operation of an investment project in case of one-time payment of land lease?
According to Clause 14, Article 2 of Decree 01/2017/ND-CP (supplemented by Clause 1, Article 3 of Decree 148/2020/ND-CP) stipulates:
“Article 15b. Land recovery in case of termination of operation of an investment project in accordance with the law on investment
The recovery of land in case of termination of operation of an investment project according to the provisions of the law on investment, except for cases where the State recovers land according to the provisions of Clause 1, Article 64 and Clause 1, Article 65 of the Law. The land shall comply with the following provisions:
1. In case land is allocated by the State with the collection of land use levy or leased with one-off payment for the entire lease period, land recovery shall be handled as follows:
a) The investor is entitled to continue using the land for 24 months from the date the investment project is terminated according to the provisions of the law on investment;
b) Within 24 months from the date the investment project is terminated according to regulations, the investor may transfer the land use right or sell the lawful property attached to the land to another investor in accordance with the law. provisions of law.
Upon the expiry of the 24-month time limit for extending the land use schedule, but the investor fails to transfer the land use right or sell his/her lawful property attached to the land to another investor, the State shall recover the land use rights. land as prescribed at Point i, Clause 1, Article 64 of the Land Law."
Current regulations on land acquisition in case of termination of operation of investment projects in case of land lease with annual payment?
According to Clause 14, Article 2 of Decree 01/2017/ND-CP (supplemented by Clause 1, Article 3 of Decree 148/2020/ND-CP) stipulates:
“Article 15b. Land recovery in case of termination of operation of an investment project in accordance with the law on investment
...
2. In case land is leased by the State with annual rental payment, land recovery shall be handled according to the following provisions:
a) The investor is entitled to continue using the land for 24 months from the date the investment project is terminated according to the provisions of the law on investment;
b) Within 24 months from the date the investment project is terminated according to regulations, the investor may sell lawful land-attached assets to other investors in accordance with law.
The State recovers the land from the seller of the leased land-attached assets to lease it to the buyer;
c) Upon the expiry of the 24-month time limit for extending the land use schedule, but the investor fails to sell his/her lawful property attached to the land to another investor, the State shall recover the land according to regulations. at Point i, Clause 1, Article 64 of the Land Law.”
3. In the case specified in Clauses 1 and 2 of this Article that the land user does not have the right to transfer the land use rights and has no land-attached assets, the State shall recover the land."
Thus, the draft supplements regulations on the recovered land area, when the operation of an investment project is terminated, it must be assigned to the Land Fund Development Organization in Vietnam for management.
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