What is the newest application form for permission for land repurposing in Vietnam under Decree 102?
What is the newest application form for permission for land repurposing in Vietnam under Decree 102?
Based on Form No. 03 Annex issued together with Decree 102/2024/ND-CP providing for the application form for permission for land repurposing in Vietnam:
Download the Spplication form for permission for land repurposing in Vietnam
What is the newest application form for permission for land repurposing in Vietnam under Decree 102? (Image from the Internet)
What are rights and obligations of all business organizations whose land is repurposed in Vietnam?
Pursuant to Article 35 of the Land Law 2024, stipulating the rights and obligations of business organizations whose land use rights are conveyed from others or those using land which is repurposed in Vietnam:
Article 35. Rights and obligations of business organizations whose land use rights are conveyed from others or those using land which is repurposed
1. Economic organizations receiving land use rights transfer, changing land use purpose have the general rights and obligations provided in Articles 26 and 31 of this Law.
- Economic organizations receiving land use rights of State-allocated land with land levy or State land rent paid once for the entire lease period have the rights and obligations as prescribed in clauses 1 and 3 of Article 33 of this Law.
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Thus, economic organizations changing land use purposes have the following general rights and obligations:
[1] General Rights of Economic Organizations
- Entitled to be issued a Certificate of land use rights, ownership of assets attached to land if conditions stipulated by land law are met.
- Enjoy the labor fruits and investment results on legally used land.
- Benefit from investments by the State for the protection, improvement, and development of agricultural land.
- Receive guidance and assistance from the State in improvement and restoration of agricultural land.
- Protected by the State against infringement on their rights and lawful land interests.
- Entitled to change the land use purpose in accordance with this Law and other relevant legal provisions.
- Entitled to compensation, support, and resettlement when the State recovers land as per regulations.
- Entitled to lodge complaints, denunciations, or legal suits for violations of their legal land use rights and other violations of land legislation.
[2] General Obligations of Economic Organizations
- Use land for the correct purposes, within the parcel boundaries, and conforming to the depth and height usage, protecting underground public works, and complying with other legal provisions.
- Conduct land registration; comply with procedures for conversion, transfer, lease, sublease, inheritance, gifting of land use rights, mortgaging, or contributing capital with land use rights as prescribed by law.
- Fulfill financial obligations related to land as per legal requirements.
- Implement measures to protect land; remedy, improve, and restore polluted or degraded land areas caused by themselves.
- Adhere to environmental protection regulations, without harming the assets and legal interests of related land users.
- Comply with legal regulations concerning discovered underground objects.
- Hand over land when the State has a decision on land recovery in accordance with the law.
What conditions must be met for land repurposing to implement a investment project on construction of commercial housing?
Pursuant to clause 3, Article 122 of the Land Law 2024, stipulating the conditions for land allocation, land lease, and permission to change land use purpose:
Article 122. Conditions for land allocation, land lease, and permission to change land use purpose
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3. Permission to change the land use purpose for implementing a investment project on construction of commercial housing must meet the following conditions:
a) Conditions specified in clause 2 of this Article;
b) The person permitted by the State to change the land use purpose has the right to use homestead land or both homestead land and other land;
c) Conforming with the land use plan, construction planning, urban planning, local housing development programs, and plans, and not falling into the case of State land recovery for national defense, security, or socio-economic development for national and public benefits as stipulated in Articles 78 and 79 of this Law;
d) Having documentation that approves the investment policy that also approves the investor from competent authorities as per investment law.
Thus, land repurposing to implement a investment project on construction of commercial housing in Vietnam must meet the following conditions:
- Deposit or ensure via other forms as stipulated by investment law.
- Have financial capacity to ensure land use compliance with the investment project schedule and other conditions as prescribed by relevant law.
- Not violating land legislation or, if violated, must have complied with decisions, judgments with legal effects at the time of land allocation, lease request, or land use purpose change permission. Determination of land use violations applies to all parcels currently in use nationwide.
- The individual permitted by the State to change the land use purpose has the right to use homestead land or both homestead land and other land.
- Conform with the land use plan, construction planning, urban planning, local housing development programs, and plans, and not fall under the State’s land recovery for national defense, security, or socio-economic development for national and public benefits.
- Have written approval of investment policy and investor from competent authorities per investment law.
