Processes and procedures for allocation or assignment and lease of land at civil airports and airfields in Vietnam

Processes and procedures for allocation or assignment and lease of land at civil airports and airfields in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Processes and procedures for allocation or assignment and lease of land at civil airports and airfields in Vietnam

Processes and procedures for allocation or assignment and lease of land at civil airports and airfields according to Article 91c of Decree 43/2014/ND-CP (amended in Decree 148/2020/ND-CP) are as follows:

* Regulatory bases for airport authorities’ refusal to allocate, assign and lease land:

- Certificate issued by the provincial People’s Committee to the airport authority;

- Classification and form of allocation or lease of land as prescribed in clause 1 and 3 of Article 156 in the Land Law;

- Airport or airfield master plan approved by the competent authority;

- Investor in construction of the airport or airfield or facilities at airports or airfields that is determined in accordance with law;

- Demands for land, land use term shown in the approved investment project or application for land allocation or land lease;

- Application package for land allocation or lease that is legally required.

* Organizations or persons having demands for land must send 01 set of application documents for land allocation or lease directly or by post or by other appropriate means to the airport authority. Application package for land allocation or lease, including:

- Written request form for allocation or assignment of land using the Form No. 02 given in the Appendix attached to Decree 43/2014/ND-CP;

Form No. 02

- Project interpretation statement;

- Extract of the cadastral map or cadastral surveying data of the land plot which is legally certified by the competent authority;

- Copy of the original book or the copy collated with the provided original, or the certified copy (in case of applying directly or by post), of the written approval of investment policy or certificate of investment registration (if any) or written consent to or approval of the investment project, or the written document certifying the results of bidding on the investment project issued by the competent authority in accordance with law.

* Within 10 days of receipt of the valid application package, the airport authority shall notify in writing the reasons for refusal to assign, allocate or lease the land to the requesting organization, or issuing its decision on land allocation by using the Form No. 03 in the Appendix attached to Decree 43/2014/ND-CP;

Form No. 03

Organize the on-site handover of the land and make a handover record using the Form No. 06 provided in the Appendix attached to Decree 43/2014/ND-CP.

Form No. 06

In cases of land lease, within 10 days of receipt of all required valid documents, the airport authority shall issue the land lease decision using the Form No. 04 in the Appendix attached to Decree 43/2014/ND-CP.

Form No. 04

Within 30 days of receipt of the written request from the airport authority, enclosing the land lease decision and request documentation for land lease, as provided in clause 2 of Article 91c of Decree 43/2014/ND-CP (amended in Decree 148/2020/ND-CP), the persons having authority according to regulations shall be responsible for issuing the unit price list for land lease.

Land lessees shall pay land rents based on the tax collection agency’s notice.

Within 03 days of receipt of that unit price list, the airport authority shall sign a land lease using the Form No. 05, conduct the on-site handover of the land and making the handover record using the Form No. 06 given in the Appendix attached to Decree 43/2014/ND-CP.

Form No. 05

Form No. 06

* Within 03 days after the on-site handover date, the airport authority shall send the land allocation and land lease decision, making an exact copy of the cadastral map and surveying data of the allocated or leased land to the land registration office in order for them to update and revise cadastral records and land database.

* For existing facilities that are being operated and used stably but are not supported by one of the documents specified at Points b, c and d, Clause 2 of Article 91c of Decree 43/2014/ND-CP (amended in Decree 148/2020/ND-CP):

Owners thereof shall be responsible for working with the airport authority to undertake the certification of the current land use status and cadastral surveying and mapping of the current land use status in order to prepare the complete application documentation for land allocation and land lease, and shall be exempted from the requirement for submission of documents prescribed at Points b, c and d, Clause 2 of Article 91c of Decree 43/2014/ND-CP (amended in Decree 148/2020/ND-CP).

2. Regulations on extension of the term of lease of land at civil airports and airfields in Vietnam

Regulations on extension of the term of lease of land at civil airports and airfields in Vietnam according to Article 91d of Decree 43/2014/ND-CP (amended in Decree 148/2020/ND-CP) are as follows:

- The extension of the land lease term shall be granted on the basis of airport or airfield master plans approved by competent authorities and land demands of organizations and individuals using land.

- At least 06 months to the expiry of the land lease, organizations or persons using land can send 01 set of application documents for extension of the land lease term directly or by post or by other appropriate means to the airport authority. A set of application documents must include:

= Application form for extension of the lease term;

= The copy of the original book or the copy collated with the original or the certified copy (in case of applying directly or by mail) of the land lease decision and the land lease; documents proving fulfillment of their financial obligations relating to land in accordance with the laws in the most recent years;

= The written document of the competent authority regarding the modification of the PPP agreement for implementation of the investment project (if any);

= The written document of the competent authority regarding the extension of the investment project duration (if any).

- Within 07 days of receipt of all required valid documents, the airport authority shall issue the extension decision using the Form No. 07 in the Appendix attached to Decree 43/2014/ND-CP.

Article 91d of Decree 43/2014/ND-CP (amended in Decree 148/2020/ND-CP)

Within 30 days of receipt of the written request from the airport authority, enclosing the extension decision and the request documentation for extension of the land lease term, as provided in clause 2 of Article 91d of Decree 43/2014/ND-CP (amended in Decree 148/2020/ND-CP), the persons having authority according to regulations shall be responsible for issuing the unit price list for land lease.

Land lessees shall pay land rents based on the tax collection agency’s notice.

- Within 03 days of receipt of that unit price list, the airport authority shall sign a land lease using the Form No. 05 given in the Appendix attached to Decree 43/2014/ND-C.

Form No. 05

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