Document consolidating the Circular regulating documents for land allocation and lease in Vietnam

Document consolidating the Circular regulating documents for land allocation and lease in Vietnam (Internet image) 

Document consolidating the Circular regulating documents for land allocation and lease in Vietnam

Consolidated document 10/VBHN-BTNMT dated November 22, 2023 consolidates the Circular stipulating documents for land allocation, lease, repurposing and expropriation issued by the Minister of Natural Resources and Environment promulgate.

The Circulars stipulating documents for land allocation, lease, repurposing and expropriation are consolidated:

Circular 30/2014/TT-BTNMT of the Minister of Natural Resources and Environment on applications for land allocation, lease, repurposing and expropriation taking effect from July 17 2014.

Circular 33/2017/TT-BTNMT of the Minister of Natural Resources and Environment detailing Decree 01/2017/ND-CP and amending a number of articles of circulars guiding the implementation of the Land Law, taking effect on December 5, 2017;

Circular 24/2019/TT-BTNMT of the Minister of Natural Resources and Environment amending and abolishing a number of legislative documents under management of the Ministry of Natural Resources and Environment of Vietnam, taking effect on February 15, 2020;

Circular 09/2021/TT-BTNMT of the Minister of Natural Resources and Environment amending some articles of circulars elaborating and providing guidelines for Land Law, taking effect on January 1 September 2021;

Circular 11/2022/TT-BTNMT of the Minister of Natural Resources and Environment providing amendments to Circulars on business operations under management of the Ministry of Natural Resources and Environment of Vietnam, taking effect on December 10, 2022.

Applications for land allocation and land lease without holding auctions of land use rights under management of People’s Committees of provinces/central-affiliated cities in Vietnam

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:

(1.1) A completed application form for land allocation or land lease provided in the specimen No. 1 attached hereto;

(1.2) 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.

2. The applicant shall submit a set of application if the project is not subject to approval by a competent authority; the project is exempted from the certificate of investment; or the plan for construction project is not required, including:

- The documents specified in Point (1.1);

- A copy of the notes of the investment project if the project is not subject to approval by a competent authority or the project is exempted from the certificate of investment;

- A copy of the technical-economic report if the plan for construction project is not required.

In case of applying for land allocated to the religious institution, the applicant shall make a technical-economic report on the construction of such religious institution.

3. An application submitted to the People’s Committee of province/central-affiliated city (hereinafter referred to as “People’s Committee of province”) for issuance of the decision on land allocation or land lease made by the Department of Natural Resources and Environment of province shall include:

- The documents specified in Clause 1 and Clause 2.

In the cases where the project uses land for rice cultivation, forest protection or special-use forest for other purposes that are not granted permission to invest or approval to invest by the Prime Minister, the applicant shall obtain a written permission for land repurposing granted by the Prime Minister or a relevant resolution granted by the People’s Council of province prescribed in Clause 1 Article 58 of the Land Law and Clause 2 Article 68 of the Decree No. 43/2014/ND-CP.

Where the project having direct investments given by a foreign investor either on an island, in a bordering or coastal commune/ward/townlet that is not granted approval to invest by the National Assembly or the Prime Minister, the applicant shall obtain a written approval granted by the Ministry of National Defense, the Ministry of Public Security or the Ministry of Foreign Affairs stipulated in Clause 2 Article 58 of the Land Law and Article 13 of the Decree No. 43/2014/ND-CP;

- 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 if the project is not subject to approval by a competent authority; the project is exempted from the certificate of investment; or plan for construction project is not required;

- A written request and a draft of the decision on land allocation (specimen No. 2) or land lease (specimen No. 3) attached hereto.

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