Agreement to receive land use rights to implement socio-economic projects

Agreement to receive land use rights to implement socio-economic projects is a legal mechanism that allows businesses and individuals to access land funds to implement investment projects. This regulation creates favorable conditions for mobilizing social resources for economic development, while ensuring the rights of land users. The article analyzes the legal aspects of this agreement according to the Land Law 2024.

The importance of regulations on land use rights agreements to implement socio-economic projects

The mechanism for agreeing to receive land use rights to implement socio-economic projects is a new and outstanding mechanism stipulated in the Land Law 2024. Accordingly, this mechanism allows land users and owners of Project investors to voluntarily transfer land, in some specific cases, to implement socio-economic projects.

By establishing an agreement to receive land use rights to implement socio-economic projects, the handover of land from land users to investors is significantly shortened, instead of having to go through the State “recovery” mechanism. land for socio-economic development for national and public benefits” to create a land fund to implement investment projects according to previous regulations in the 2013 Land Law.

And most importantly, this regulation promotes consensus between land users and investors, helping to ensure satisfactory rights between investors and land users and public benefits because the State is the representative. face.

Cases of agreement to receive land use rights to implement socio-economic projects

According to Clause 1, Article 127 of the Land Law 2024, specific provisions are made on cases where it is agreed to receive land use rights to implement socio-economic projects. Accordingly, there are three main cases where this mechanism is applied:

• The first case is projects that are not subject to land recovery by the State for socio-economic development for national and public benefits as prescribed in Article 79 of the Land Law 2024;
• The second case is if the project belongs to the projects specified in Article 79 of the Land Law 2024 and does not use state budget capital, but the investor chooses the option to negotiate land use rights and does not propose land recovery;
• The third case is the case of using land to implement a commercial housing construction investment project; In this case, there can only be an agreement on receiving residential land use rights.

Conditions for land use to implement socio-economic development projects through agreements on receiving land use rights

Clause 3, Article 127 of the Land Law 2024 clearly stipulates the conditions for implementing land use rights agreement to receive land use rights to implement socio-economic projects:

• First, the project must be consistent with the district-level land use planning approved by a competent state agency;
• Next, the investor must meet the conditions for land allocation, land lease, and permission to change land use purposes as prescribed in Article 122 of the Land Law 2024;
• Finally, the Provincial People’s Committee must issue a document approving the agreement on receiving land use rights to implement the project.

Thus, the project and investor must satisfy certain conditions to be able to use the land use rights agreement mechanism to implement socio-economic development projects according to the new regulations of the Land Law 2024.

Policy to encourage agreement to receive land use rights to implement socio-economic projects

In Clause 4, Article 127 of the Land Law 2024, Article 62 of Decree 102/2024/ND-CP detailing the implementation of a number of articles of the Land Law stipulates policies to encourage agreements to receive land use rights to implement socio-economic development projects. Specifically:

In case the current land user has the right to transfer, lease, or contribute capital with land use rights

In cases where households and individuals using land have not been granted a Certificate of Land Use Rights; Certificate of housing ownership and residential land use rights; Certificate of land use rights, ownership of houses and other assets attached to land; Certificate of land use rights, ownership of assets attached to land but eligible for issuance of Certificate of land use rights, ownership of assets attached to land.

In this case, the person with land use rights can transfer land use rights, lease, sublease land use rights, and contribute capital with land use rights to implement the project.

In this case, the investor shall register land according to regulations or simultaneously carry out land registration procedures and procedures for changing land use purpose to implement the investment project.

In case the current land user does not have the right to transfer, lease, or contribute capital with land use rights

In case the current land user does not have the right to transfer, lease, or contribute capital with land use rights but has assets attached to land and investment costs in land:

• Investors are allowed to negotiate the purchase of assets attached to land and investment costs in land;
• The content of the contract for purchasing and selling assets attached to land and investment costs in land must clearly state that the seller of the asset voluntarily returns the land so that the State can recover the land and allocate the land to the asset buyer to lease the land;
• The State recovers land from land users to allocate land, lease land without auctioning land use rights, without bidding to select investors to implement projects using land and must determine land prices. according to regulations.

In case the current land user does not have the right to transfer, lease, or contribute capital with land use rights according to the provisions of land law and has no assets attached to land or investment costs in land, the Committee The People’s Committee at the competent level decides to recover land to allocate land or lease land to investors implementing projects without auctioning land use rights or bidding to select investors to implement projects using land use rights. land.

Along with that, the Land Law 2024 has created more conditions for investors to carry out necessary procedures to implement investment projects so that the project is not stalled due to land procedures:

• In cases where the investor has received land use rights to implement a project and by the time the land use term expires for the land received rights but has not yet completed land procedures to implement the project, he/she may continue to use the land. Carry out procedures to implement the project without having to carry out extension procedures.

Consulting services for agreement to receive land use rights to implement socio-economic projects

The regulation on agreement to receive land use rights to implement socio-economic projects is a new regulation that opens up the implementation of a self-agreement mechanism between people and businesses in transferring land use rights for implementation. investment projects according to regulations.

At Long Phan, we provide consulting services on land use rights agreements with the following service scope:

• Consulting on cases of agreement to receive land use rights to implement socio-economic projects;
• Consulting on conditions and state incentive policies in land use rights agreements;
• Consulting and support in the process of negotiating agreements to receive land use rights to implement socio-economic projects;
• Support customers in carrying out related administrative procedures;
• Consulting on resolving problems that arise during the implementation of land use rights agreements.

The agreement to receive land use rights to implement socio-economic projects has opened up a self-negotiation mechanism between people and businesses to proactively transfer land use rights, creating favorable conditions for the implementation of projects. investment project. However, this is a new regulation, so the process of accessing and implementing it for individuals and businesses may be difficult. Customers can contact us via hotline 0906735386 for detailed support on procedures related to this agreement.