Cases allowing transfer of land use rights in industrial zones

Pursuant to Articles 149, 174, 175 of the 2013 Land Law, economic organizations, households, individuals, Vietnamese residing abroad, and foreign-invested enterprises investing in production and business Businesses in industrial zones are allowed to sublease land attached to infrastructure from other economic organizations, Vietnamese residing abroad, and foreign-invested enterprises investing in infrastructure construction and business. If:

  • In case of subleasing land with one-time rental payment for the entire lease period, transfer of land use rights is allowed.
  • In case of subleasing land with annual rental payment, transfer of land use rights is not allowed.

Legal conditions

  • Have a Certificate, except for the case specified in Clause 3, Article 186 and the case of inheritance specified in Clause 1, Article 168 of the Land Law
  • The land is not in dispute.
  • Land use rights are not distrained to ensure judgment enforcement.
  • During the land use term.
  • In addition to the conditions prescribed above, land users in industrial parks when exercising the right to transfer land use rights must also meet the conditions prescribed in Articles 189, 190, 191, 192, 193 and 194 of this Law. Land Law 2013.

Documents:

  • Application for registration of changes in land and assets attached to land according to Form No. 09/DK;
  • Contracts and documents on the transfer of land use rights; Original issued Certificate;
  • Written approval from a competent State agency for an economic organization to transfer agricultural land in an industrial park to implement an investment project;
  • Document of the land user agreeing to the owner of assets attached to land to be transferred in the case of transferring assets attached to land where the owner of assets attached to land is not also the user. land use.
  • Legal basis: Article 9 Circular 24/2014/TT-BTNMT, amended and supplemented by Clause 2 Article 7 Circular 33/2017/TT-BTNMT

Procedures:

  • Step 1: Submit land transfer documents at the Land Registration Office;
  • Step 2: The land registration office checks the dossier. If it meets the conditions to exercise the rights according to regulations, it will proceed with the next steps. If not, it will request additional – completion;
  • Step 3: Send cadastral information to the tax authority to determine and notify the collection of financial obligations in cases where financial obligations must be fulfilled according to regulations;
  • Step 4: The land registration office confirms the change content in the issued Certificate according to regulations of the Ministry of Natural Resources and Environment;
  • Step 5: Correct and update changes in cadastral records and land database;
  • Step 6: Return results. Give the Certificate to the land user or send it to the commune-level People’s Committee for discussion in case of submitting documents at the commune level.
  • The time to carry out procedures for transferring land use rights in industrial parks is no more than 10 days.

Types of costs when transferring land in industrial zones that investors should pay attention to

  • Registration fee is calculated by: Registration fee calculation price x 0.5%
  • The maximum cadastral surveying and mapping fee is no more than 1,500 VND/m2
  • The highest fee for appraisal and issuance of land use rights shall not exceed 7,500,000 VND/file;
  • The maximum fee for exploiting and using land documents is no more than 300,000 VND/record and document.
  • Fee for issuance of new land use rights certificate: maximum no more than 100,000 VND/paper, maximum no more than 50,000 VND/time for re-issuance;
  • Fee for granting certificates to households and individuals with only land use rights (no houses and other assets attached to land): maximum no more than 25,000 VND/new certificate; Maximum not more than 20,000 VND/issue for re-issuance;
  • Fee for issuance of land change registration certificate: no more than 28,000 VND/time;
  • Fee for extracting cadastral maps, documents, and data from cadastral records: no more than 15,000 VND/time..

In fact, the process of transferring land in an industrial park will generate many processes and documents that need to be explained. Investors need to consult a lawyer at Inco Minh Anh Law Firm for advice.