Application form for land allocation, land lease from August 01, 2024 in Vietnam and instructions on how to write it

1. Application form for land allocation from August 01, 2024 in Vietnam and instructions on how to write it

The latest land allocation application form is Form No. 02a in the annex issued with Decree 102/2024/ND-CP.

Download Form No. 02a - Land Allocation Application Form: Here

How to write:

¹Specify the name of the People's Committee at the appropriate level that has the authority to allocate land.

²For individuals, representatives, clearly state the full name and information regarding the number, date/month/year, issuing authority of the Citizen Identification Card or identification number or Passport...; for organizations, include details as stated in the establishment decision of the agency, non-profit organization/recognition document of religious organization/business registration/investment certificate for businesses/economic organizations...

³In case an investment certificate/decision, investment policy approval/project decision... has been issued, specify the land use purpose to implement the investment project according to the issued documents. In case of land allocation for constructing underground works, clearly state the land area needed for the surface construction serving the operation, exploitation, and use of underground works as stipulated in Article 216 of the Land Law.

⁴To be implemented where the land allocation application dossier created by the applicant needs to comply with regulations.

2. Application form for land lease from August 01, 2024 in Vietnam and instructions on how to write it

The latest land lease application form is Form No. 02b in the annex issued with Decree 102/2024/ND-CP.

Download Form No. 02b - Land Lease Application Form: Here

How to write:

¹Specify the name of the People's Committee at the appropriate level that has the authority to lease land.

²For individuals, representatives, clearly state the full name and information regarding the number, date/month/year, issuing authority of the Citizen Identification Card or identification number or Passport...; for organizations, include details as stated in the establishment decision of the agency, non-profit organization/recognition document of religious organization/business registration/investment certificate for businesses/economic organizations...

³In case an investment certificate/decision, investment policy approval/project decision... has been issued, specify the land use purpose to implement the investment project according to the issued documents. In case of land allocation for constructing underground works, clearly state the land area needed for the surface construction serving the operation, exploitation, and use of underground works as stipulated in Article 216 of the Land Law.

⁴To be implemented where the land lease application dossier created by the applicant needs to comply with regulations.

3. Conditions for land allocation, land lease according to the Land Law 2024 in Vietnam

According to Article 122 of the Land Law 2024, the conditions for land allocation and land lease are regulated as follows:

- Government authorities can only decide to allocate land, lease land, or allow the change of use for rice cultivation land, protection forest land, special-use forest land, and production forest land to other purposes after obtaining a Resolution from the provincial People's Council and meeting the conditions specified in Article 116 of the Land Law 2024, except in cases where land use is for projects under the authority of the National Assembly, Prime Minister's approval, investment policy decision according to the Investment Law, Public Investment Law, Law on Investment in the Form of Public-Private Partnership, Petroleum Law; and provincial People's Council's approval, investment policy decision according to the Public Investment Law, Law on Investment in the Form of Public-Private Partnership.

Changing the use of rice cultivation land, protection forest land, special-use forest land, and production forest land to other purposes must comply with criteria and conditions stipulated by the Government of Vietnam.

- Individuals or entities granted land or leased land by the State, or allowed to change land use purposes to implement investment projects, must meet the following conditions:

+ Provide a security deposit or other forms of guarantee according to the Law on Investment;

+ Have financial capability to ensure the use of land according to the project timeline and other conditions stipulated by relevant laws;

+ Not violate land laws, or if violated, have completed the legal decisions or judgments issued by competent authorities at the time of application for land allocation, leasing, or change of land use purpose. Determining land usage violations applies to all parcels of land utilized across the country.

- Allowing the change of land use for implementing commercial housing construction projects must meet the following conditions:

+ Conditions specified in Clause 2, Article 122 of the Land Law 2024;

+ The individual or entity permitted by the State to change land use purposes has the right to use homestead land or homestead land and other types of land;

+ Compliance with local land use planning, construction planning, urban planning, and local housing development programs, and does not fall under the cases where land is reclaimed by the State for national defense, security, or socio-economic development for national and public interest as stipulated in Articles 78 and 79 of the Land Law 2024;

+ Have a written investment policy approval concurrently approving the investor from competent authorities according to the investment laws.

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