Vietnam: Is it required to submit a written assessment of land use demand to the People's Committee when applying for land lease without holding auctions?
- What are the conditions for land lease without holding auctions in Vietnam?
- Is it required to submit a written assessment of land use demand to the People's Committee when applying for land lease without holding auctions in Vietnam?
- What is the application form for land lease through holding auctions in Vietnam?
What are the conditions for land lease without holding auctions in Vietnam?
Pursuant to the provisions of Article 58 of the 2013 Land Law as follows:
Conditions for land allocation, land lease, and change of land use purpose to implement investment projects
1. For investment projects that use paddy land or land for protection forests or land for special-use forests for other purposes and are other than those to be decided by the National Assembly or approved in principle by the Prime Minister, competent state agencies may only decide on land allocation or land lease or permit change of land use purpose when one of the following documents is available:
a/ The written approval by the Prime Minister for change of land use purpose for the paddy land with an area of 10 ha or more, and for protection forest or special-use forest with a land area of 20 ha or more;
b/ The resolution of the provincial-level People’s Council for change of land use purpose for the paddy land with an area less than 10 ha, and for protection forest or special-use forest with a land area less than 20 ha.
2. For investment projects which use land on islands or in border or coastal communes, wards or townships, competent state agencies may only decide on land allocation, land lease or change of land use purpose upon receiving written approval from related ministries and agencies.
3. Those who are allocated land or leased land by the State, or permitted by the State to change land use purpose to implement investment projects must meet the following conditions:
a/ Having the financial capacity to ensure the land use according to the investment project’s schedule;
b/ Paying a deposit in accordance with the investment law;
c/ Not violating the land law if they are implementing other projects on the state-allocated or -leased land.
4. The Government shall detail this Article.
In order to be leased land without holding auctions, land leasees must have the financial capacity, pay a deposit, not violate the provisions of land law, and meet other conditions.
Is it required to submit a written assessment of land use demand to the People's Committee when applying for land lease without holding auctions in Vietnam?
According to Clause 1, Article 3 of Circular 30/2014/TT-BTNMT (amended by Point c, Clause 1, Article 1 of Circular 11/2022/TT-BTNMT) as follows:
Applications for land allocation and land lease without holding auctions of land use rights under the management of People’s Committees of provinces/central-affiliated cities
1. An applicant for land allocation or land lease shall submit a set of application if the project is subject to approval by a competent authority or must obtain a certificate of investment, including:
a) A completed application form for land allocation or land lease provided in the specimen No. 1 attached hereto;
b) A copy of the certificate of investment or a written approval together with notes of the project.
If applying for land allocation to use for the purposes of national security, the applicant shall not enclose the copy of notes of investment but shall submit a copy of the decision on investment in national security construction works made by the competent state authority, which includes contents related to the land use or the approval of the operating location planning of the Ministry of National Defense and the Ministry of Public Security.
If the land is used for mineral extraction, the applicant shall obtain a license granted by a competent state authority.
And according to Article 4 of Circular 30/2014/TT-BTNMT (amended by Point b, Clause 1, Article 1 of Circular 11/2022/TT-BTNMT) as follows:
Applications for land allocation and land lease without holding auctions of land use rights under the management of People’s Committees of districts/towns/provincial cities
1. The applicant shall submit an application including the documents specified in Point a Clause 1 Article 3 of this Circular.
2. An application submitted to the People’s Committee of district/town/provincial city (hereinafter referred to as “People’s Committee of district”) for issuance of the decision on land allocation or land lease made by the Department of Natural Resources and Environment of district shall include:
a) The documents specified in Clause 1 this Article;
b) A written assessment of demand for land use; assessment of requirements for land allocation or land lease specified in Clause 3 Article 58 of the Land Law and Article 14 of the Decree No. 43/2014/ND-CP;
c) A written request and a draft of the decision on land allocation (specimen No. 2) or land lease (specimen No. 3) attached hereto.
Thus, an applicant for land lease without holding auctions, in case land lease falls under the competence of the People's Committee of districts or provinces, only must submit an application form for land allocation or land lease. The applicant is not required to submit a written assessment of land use demand; assessment of requirements for land allocation or land lease or mineral extraction.
What is the application form for land lease through holding auctions in Vietnam?
According to Form No. 01 issued together with Circular 30/2014/TT-BTNMT, the application form for land lease through holding auctions in Vietnam is:
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