The document of adjusting the land use term of an investment project

Adjusting the land use term of an investment project is an important procedure for investors. This process requires strict compliance with legal regulations on land and investment. This article will analyze in detail the project’s land use term, adjustment conditions, necessary documents and important notes when implementing this procedure.

How long is the land use term of the investment project?

The land use term of an investment project is specifically regulated in the Land Law 2024. Accordingly, this term is determined based on the project’s operating time or the application for land allocation or land lease, but not more than 50 years.

For projects with an operating term of over 50 years according to the Investment Law, the land allocation or land lease term can be extended to 70 years. In cases where an investment project is not required, the land use term is considered based on the application for land allocation or land lease, up to 50 years.

When the term expires, the land user can request the State to consider extending it. However, the extension period must not exceed the levels specified above. Regulation of land use term aims to ensure effective management of the national land fund and encourage reasonable land use.

Based on the content of Article 172, Article 175 of the Land Law 2024

Conditions for adjusting the land use term of an investment project

Adjusting the land use term of an investment project must meet strict conditions as prescribed by law. Specifically, the project needs to ensure the following requirements:

• Consistent with district-level land use planning. This ensures the project is consistent with local development orientation.
• There is a written request to adjust the land use term of the investment project. The investor needs to have an official document clearly stating the reason and need for adjustment.
• Completed financial obligations regarding land to the State. This includes paying full land use fees, land rent and related taxes.
• Not subject to land recovery as prescribed in Article 81 of the Land Law 2024. The project does not violate land laws or other regulations leading to land recovery.
• There is a document from a competent authority on adjusting the investment project with a change in operating term. This proves the need to adjust land use terms.
• Meets environmental conditions according to environmental protection laws. The project needs to comply with environmental protection requirements during operation.

Application for adjusting the land use term of an investment project

Profile components

The application dossier of adjusting the land use term of an investment project includes the following main documents:

1. Document of adjusting the land use term of an investment project according to Form No. 10 in Appendix issued with Decree 102/2024/ND-CP dated July 30, 2024

>>> Download sample:  Application for adjustment of land use term of investment project

2. The document from the competent authority allowing change of the investment project’s operating term according to the provisions of investment law
3. One of the following documents:

• Original issued Certificate of Land Use Rights. This document proves the legal land use rights of the investor.
• Decisions to allocate land, decisions to lease land, and decisions to allow change of land use purpose by competent state agencies according to the provisions of land law over time.
• Copy of the Additional Investment Decision, Investment License, Investment Certificate or Investment Policy Decision showing the term or adjustment of the project implementation term. These documents demonstrate the need to adjust the land use term in accordance with the project implementation period.
• Documents that financial obligations have been fulfilled (if any). This proves that the investor has fulfilled financial obligations related to land.

Based on the content of Article 66 of Decree 102/2024/2024.

Note when preparing documents for adjusting the land use term of an investment project

When preparing an application to adjust the land use term, investors should note the following important points:

• Ensure completeness and accuracy of records: all documents need to be fully prepared according to regulations and information must be accurate and consistent.
• Submit the application on time: according to regulations, the application needs to be submitted at least 6 months before the land use term expires. Submitting your application on time will help the approval process go smoothly.
• Pay attention to the adjustment period: the land use term after adjustment must not exceed the period specified in Point c, Clause 1, Article 172 of the Land Law 2024.
• Prepare detailed explanations: in case of necessity, the investor should prepare a detailed explanation report on the reason for requesting to adjust the land use term and the land use plan during the extension period.
• Check compatibility with planning: ensure the adjustment of land use term is consistent with local land use planning.

Consulting services for adjusting the land use term of an investment project

The process of applying to adjust the land use term of an investment project can be complicated and requires in-depth knowledge of land and investment. At Long Phan, we provide consulting services for adjusting the land use term of investment projects.

Service scope includes:

• Feasibility assessment: The consultant will analyze the project situation and evaluate the possibility of being approved to adjust the land use term.
• Instructions for preparing documents: Advice on necessary documents, support in drafting applications and related documents.
• Representative to contact authorities: On behalf of the investor, work with competent state agencies.
• Monitor application progress: Regularly update application review status, promptly supplement information if necessary.
• Consulting on resolving problems: Support in handling difficulties and problems that arise during the adjustment application process.

Using consulting services can help investors save time, increase the likelihood of success and ensure compliance with legal regulations during the process of applying to adjust the land use term of an investment project.

Adjusting the land use term of an investment project is a complicated process, requiring a deep understanding of laws and procedures. For professional support, customers can contact us via hotline 0906735386. Our team of experts is ready to advise and support customers throughout the adjustment application process, ensuring documents are processed quickly and effectively.