What is the latest application form for land lease in 2022? Which authority has the jurisdiction to lease land in Vietnam? When will the State lease land?
When will the State of Vietnam lease land?
Based on Article 56 of the Land Law 2013 stipulated as follows:
“Article 56. Land Lease
1. The State leases land for annual land rent payment or one-time land rent payment for the entire lease period in the following cases:
a) Households and individuals using land for agricultural production, forestry, aquaculture, and salt making;
b) Households and individuals needing to continue using agricultural land exceeding the limit allocated as stipulated in Article 129 of this Law;
c) Households and individuals using commercial land; land for mining activities; land for producing building materials and ceramics; non-agricultural production establishment land;
d) Households and individuals using land to construct public works with business purposes;
dd) Economic organizations, overseas Vietnamese, foreign-invested enterprises using land to implement investment projects in agricultural production, forestry, aquaculture, and salt making; land for non-agricultural production and business; land to construct public works with business purposes; land for housing projects for rent;
e) Economic organizations, financially autonomous public service organizations, overseas Vietnamese, foreign-invested enterprises using land to construct works of public service;
g) Foreign organizations with diplomatic functions using land to construct headquarters.
2. The State leases land for annual land rent payment for people's armed forces units using land for agricultural production, forestry, aquaculture, and salt making or agricultural production, forestry, aquaculture, and salt making combined with national defense and security tasks.”
What is the latest application form for land lease in 2022? Which authority has the jurisdiction to lease land in Vietnam? When will the State lease land? (Image from the Internet)
Which authority has the jurisdiction to lease land in Vietnam?
Based on Article 59 of the Land Law 2013 stipulated as follows:
“Article 59. Jurisdiction to allocate, lease land, permit land use purpose change
1. The provincial-level People's Committee decides to allocate, lease land, permit land use purpose change in the following cases:
a) Allocating land, leasing land, permitting land use purpose change for organizations;
b) Allocating land for religious establishments;
c) Allocating land for overseas Vietnamese, foreign-invested enterprises as stipulated in Clause 3 Article 55 of this Law;
d) Leasing land for overseas Vietnamese, foreign-invested enterprises as stipulated in Points đ and e Clause 1 Article 56 of this Law;
dd) Leasing land for foreign organizations with diplomatic functions.
2. The district-level People's Committee decides to allocate, lease land, permit land use purpose change in the following cases:
a) Allocating land, leasing land, permitting land use purpose change for households, individuals. In the case of leasing land for households, individuals, permitting the change of agricultural land use purpose for commercial and service purposes with an area of 0.5 hectares or more, approval in writing from the provincial-level People's Committee is required before a decision is made;
b) Allocating land for community residential groups.
3. The commune-level People's Committee leases land from the agricultural land fund used for public purposes of the commune, ward, or commune-level town.
4. The authorities with the jurisdiction to allocate, lease land, permit land use purpose change stipulated in Clause 1 and Clause 2 of this Article shall not delegate this authority.”
The provincial-level People's Committee has the jurisdiction to lease land for organizations, and overseas Vietnamese. The district-level People's Committee has the jurisdiction to lease land for households and individuals. The commune-level People's Committee has the jurisdiction to lease land from the agricultural land fund used for public purposes of the commune, ward, or commune-level town.
What is the latest application form for land lease in Vietnam?
Currently, when organizations or individuals need to lease land, they must submit a land lease application form to the competent authority.
The latest land lease application form is regulated in Form No. 1 promulgated together with Circular 30/2014/TT-BTNMT as follows:
Download the latest land lease application form: Here.
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