What is the template for land lease agreement in 2024 in Vietnam? What are cases in which the State of Vietnam will lease out land under one-off arrangement?

What is the template for land lease agreement in 2024 in Vietnam?

The template for land lease agreement is stipulated under the Circular 11/2022/TT-BTNMT.

Please see more details and download the template here.

What is the template for land lease agreement in 2024 in Vietnam? What are cases in which the State of Vietnam will lease out land under one-off arrangement? - image from internet

What are cases in which the State of Vietnam will lease out land under one-off arrangement?

Pursuant to Article 120 of the Law on Land in 2024 (effective from 01/01/2025) stipulating land lease:

Land lease

1. The State will lease out land under one-off arrangement or with annual land rent payments for cases not included in Article 118 and Article 119 of this Law.

2. The State will lease out land under one-off arrangement in the following cases:

a) Land is used for carrying out investment projects on agricultural production, forestry production, aquaculture and salt production;

b) Land in industrial parks, industrial clusters, high-tech parks, and worker accommodation in industrial parks is used; land is used for both public and business purposes; commercial land is used for tourism and office business activities;

c) Land is used to construct social rented housing according to housing laws.

3. The State will lease out land with annual land rent payments in the following cases:

a) Cases not prescribed in clause 2 of this Article;

b) The cases prescribed in clause 2 of this Article where a demand for annual land rent payments is issued;

c) The case where public service providers select land rent payment methods in accordance with the regulations in clause 3 Article 30 of this Law;

4. The land lease prescribed in this Article shall comply with Articles 124, 125 and 126 of this Law.

As regulated above, the State will lease out land under one-off arrangement in the following cases:

- Land is used for carrying out investment projects on agricultural production, forestry production, aquaculture and salt production;

- Land in industrial parks, industrial clusters, high-tech parks, and worker accommodation in industrial parks is used; land is used for both public and business purposes; commercial land is used for tourism and office business activities;

- Land is used to construct social rented housing according to housing laws.

What are requirements for a person eligible to be allocated land, leased out land or permitted to repurpose land by the State for carrying out investment projects in Vietnam?

Pursuant to Article 122 of the Law on Land in 2024 stipulating requirements for land allocation, land lease, permission for land repurposing:

Requirements for land allocation, land lease, permission for land repurposing

1. Competent regulatory agencies shall only issue decisions to allocate land, lease out land or permit repurposing of rice cultivation land, dedicated forest land, protective forest land or production forest land after Resolutions of the People's Councils of first-level administrative divisions are promulgated and bases prescribed in Article 116 of this Law are satisfied, except for the case where land is used for carrying out projects subject to investment guideline decision or approval by the National Assembly and Prime Minister according to regulations of the Law on Investment, Law on Public Investment and Law on PPP Investment, Law on Petroleum; or subject to investment guideline decision or approval by the People's Councils of first-level administrative divisions according to regulations of the Law on Public Investment and Law on PPP Investment.

The repurposing of rice cultivation land, dedicated forest land, protective forest land and production forest land must comply with criteria and conditions/requirements prescribed by the Government.

2. A person eligible to be allocated land, leased out land or permitted to repurpose land by the State for carrying out investment projects must satisfy the following requirements:

a) He/she must pay a deposit or other securities according to investment laws;

b) He/she must have financial capacity to ensure the land use according to the schedule of the investment project and other requirements in accordance with relevant laws;

c) He/she must not violate land laws. If violating land laws, he/she must have completely abided by the effective decision or judgment of a competent authority at the time of applying for land allocation, land lease or land repurposing. The scope of determination of the land user violating land laws shall be all land parcels that he/she is using nationwide.

3. In order to be permitted to repurpose land for carrying out investment projects on construction of commercial housing, the following requirements must be satisfied:

a) The requirements specified in clause 2 of this Article;

b) Person eligible to be permitted to repurpose land must have LURs of homestead land or homestead land and other land;

c) The land repurposing must be in accordance with the land use planning, land use plans, construction planning, urban planning, programs or plans for development of local housing, and the land must not be subject to land expropriation for the national defense or security purpose, land expropriation for social-economic development in the national or public interest prescribed in Article 78 and Article 79 of this Law;

d) There is a written approval for both the investment guidelines and investor of a competent authority according to investment laws.

As regulated above, a person eligible to be allocated land, leased out land or permitted to repurpose land by the State for carrying out investment projects must satisfy the following requirements:

- He/she must pay a deposit or other securities according to investment laws;

- He/she must have financial capacity to ensure the land use according to the schedule of the investment project and other requirements in accordance with relevant laws;

- He/she must not violate land laws. If violating land laws, he/she must have completely abided by the effective decision or judgment of a competent authority at the time of applying for land allocation, land lease or land repurposing.

The scope of determination of the land user violating land laws shall be all land parcels that he/she is using nationwide.

Best regards!