What is the latest Application Form for requesting change of methods of land allocation/land lease in 2024 in Vietnam?
What is the latest Application Form for requesting change of methods of land allocation/land lease in 2024 in Vietnam?
Based on Form No. 02đ of the Annex issued with Decree 102/2024/ND-CP stipulating the application form for changing the form of land allocation/lease as follows:
Download Application Form for Changing Form of Land Allocation/Lease
Instructions for filling out:
(1) Clearly state the name of the competent People's Committee that allocates or leases land or permits change of land use purpose.
(2) For individuals, representatives, clearly write the full name and information about the number, date/month/year, issuing agency of Citizen ID or identification number or Passport...; for organizations, clearly state the information as in the Establishment Decision of the agency, public organization/document recognizing religious organizations/business registration/Investment Certificate for enterprises/economic organizations...
(3) According to information about the parcel, land user in the decision of land allocation, lease, permitting change of land use purpose.
(4) Example: from the form of the State leasing land with annual payment to the form of the State leasing land with one-time land rent payment for the entire lease period.
(5) Implement in cases where the dossier requesting change in land use form by the land user must comply with regulations.
What is the latest Application Form for requesting change of methods of land allocation/land lease in 2024 in Vietnam? (Image from Internet)
Does changing the method of land allocation or land lease require registration of changes in Vietnam?
Based on Clause 1, Article 133 of the Land Law 2024 regulating registration of mutation:
Article 133. Registration of Mutation
- Registration of mutation is carried out in cases where a Land Use Right Certificate or House Ownership and Land Use Right Certificate or House Ownership Certificate or Construction Works Ownership Certificate or a Land Use Right and Other Assets Attached to Land Certificate or a Land Use Right and Assets Attached to Land Ownership Certificate has been issued and there is the following change:
[...]
e) Change in land use purpose as stipulated in Clause 1, Article 121 of this Law; cases specified in Clause 3, Article 121 of this Law where the land user requests registration for mutation;
g) Change in land use term;
h) Change in the form of land allocation, land lease, land levy payment, land rent as stipulated by this Law;
[...]
According to the above regulation, the change in the form of land allocation, lease must be registered for mutation.
In what cases does the State of Vietnam lease land with annual land rent collection?
Based on Clause 3, Article 120 of the Land Law 2024 regulating land lease:
Article 120. Land Lease
[...]
3. The State leases land with annual land rent collection in the following cases:
a) Cases not included in Clause 2 of this Article;
b) Cases stipulated in Clause 2 of this Article where there is a demand to pay annual land rent;
c) Public non-business units choose the form of land lease as prescribed in Clause 3, Article 30 of this Law.
- Land lease as stipulated in this Article is implemented according to the provisions of Articles 124, 125, and 126 of this Law.
According to the above regulation, the state leases land with annual land rent collection in the following cases:
[1] Cases not included in the following:
- Use of land for implementing agricultural, forestry, aquaculture, salt production projects
- Use of land in industrial zones, industrial clusters, high-tech areas, worker accommodation in industrial zones; land used for public purposes for business purposes; use of commercial land for tourism activities, office business
- Use of land to build social housing for rent as prescribed by the law on housing.
[2] Cases in Item [1] where there is a demand for annual land rent payment
[3] Public non-business units granted land by the State without land levy have the demand to use part or all of the allocated area for production, business, service provision and choose to change to the form of State land lease with annual land rent for that area.
