Regulations and procedures for applying for land for the project

When implementing construction investment projects, the application for land grant and land for land for project implementation is an issue that many investors are interested in. So this article of DFC Lawyers would like to advise on the issue of regulations on land delivery for the project with the following case.

Q: Dear DFC Attorney, I would like to ask the Lawyer for answers to help me with this issue. I currently live in Bien Hoa, Dong Nai is intending to apply for state land grant to carry out investment projects to build tennis courts. So please ask the lawyer, how is the land for land delivery for the project? What are the procedures for applying for land for the project? I would like to thank you very much soon.

Counsel: Thankyou for trusting and sending advice questions about DFC Lawyers, with your problem we have received, researched and asked for permission to answer as follows.

Legal grounds

• Land Law 2013
• Decree 43/2014/ND-CP guiding the enforcement of the Land Law 2013

Contents of consultation

1. Regulations on land delivery for project implementation

In accordance with Article 58, the Land Law 2013 of land renters and land allies for investment projects must ensure the following conditions:

Firstly, the land-assigned subject must have financial capacity to ensure land use according to the progress of the investment project. Financial capacity is specified in Decree 43/2014/ND-CP, under which the subject assigned land must have its own capital not less than 20% of the total investment of the project for projects with land use scale of less than 20 hectares and not less than 15% of the total project investment for projects over 20 hectares or more. In addition, it must be proved that it is possible to mobilize capital to implement projects from domestic or foreign credit institutions or other organizations and individuals.

Secondly, margin must be made in accordance with the law on investment

Thirdly, the land-assigned subject does not violate the provisions of the land law on the case ofland use assigned or leased by the State for other projects. Results of handling violations of land laws will be stored local projects will be stored at the Department of Natural Resources and Environment.

In addition to ensuring the conditions on the subject, in order to be assigned land to implement the project, it is necessary to have the permission of the specific competent subject:

For project land with the use of rice-growing land, protective forest land and special-use forest land for other purposes which are not in the case decided by the National Assembly, the Prime Minister approves the investment policy, the competent state agency may only assign land or lease land in two cases :

- The Prime Minister approves cases of transfer of the purpose of use of 10 hectares of rice-growing land or more and from 20 hectares of protective forest land, special-use forests or more;

- The provincial-level People's Council decides on cases of land allies, transferring the remaining land purposes.

2. Order and procedures for applying for land for land for project delivery and land lease for investment projects

To carry out the project to build tennis courts he needs to follow these steps:

Step 1: Make dossiers for land lease, apply for land for project implementation under the guidance of natural resources and environment agencies, perform financial obligations

Step 2: Pay land use fee if the land is assigned with money or payland rent in case of land lease at tax office.

Step 3: Apply for a construction permit at the district construction department or provincial construction department depending on the size of the project.

The above are the legal regulations on land delivery procedures if you read any questions related to this issue you can contact our legal call center 19006512 for advice and resolution directly.

Ls. Le Minh Cong