According to Articles 35 and 36 of the Law on Enterprises 2020 of Vietnam, when contributing capital with land use rights, the contributor must go through the procedure of transferring the land use rights to the company at the competent state agency.
Application for registration of changes in land in case of capital contribution by land use right (Illustration)
In order to assist Customers in quickly completing the process of transferring land use rights, LawNet has compiled the necessary documents for registering land changes in the case of capital contribution and canceling the registration of capital contribution with land use rights as follows:
Composition of application for registration of changes in land and property on land in case of capital contribution by land use right:
1. An application form for changes to land or properties on land, made using the Form No. 09/DK;
2. The contract and documents on the receipt of capital contribution by land use right;
3. An original of the granted Certificate;
4. A written approval of the competent State agencies for economic organizations who receive transfer, capital contributions and lease of agricultural land use right to carry out investment projects;
5. A written consent of the land users which shows that the owner of property on land may contribute capital to the property on land in case of transfer, donation, lease, capital contribution of property on land of which owners are not users.
Composition of application for deregistration of capital contribution by land use right:
1. A written contract liquidation of capital contribution with land use rights and property on land of which liquidation is certified;
2. An original of the granted certificate for the case of capital contribution with land use right, ownership of property on land.
Legal bases: Clause 2 Article 9 of Circular No. 24/2014/TT-BTNMT that was amended and supplemented by Clause 2 Article 7 of Circular No. 33/2017/TT-BTNMT of the Ministry of Natural Resources and Environment of Vietnam.
Lan Anh