Guidelines on the conversion of land lease forms for enterprises

Conversion of land lease forms is one of the ways to exercise rights over land through competent state agencies as prescribed by law. Implementing the conversion of land lease forms has provided incentives for land users, especially large enterprises, to effectively invest in land. To better understand this process, let’s explore the procedures and steps involved with Long Phan.

What is the conversion of land lease forms?

The conversion of land lease forms refers to the change in lease form compared to the original type of lease permitted by the competent state authority. Land leasing is an essential procedure in a market economy as businesses, organizations, and individuals aim to maximize the benefits from using leased land.

Cases of conversion of land lease forms

The forms of land lease regulated by the state include leasing land for a one-time payment for the entire lease period and leasing land for annual payments. Conversion of land lease forms occurs when transitioning from leased land to allocated land, including cases such as shifting from annual lease payments to one-time lease payments for the entire lease period, or from allocated land without usage fees to leased land, or from leased land to allocated land with usage fees.

Sequence and the conversion of land lease forms procedures

Documentation Requirements

Based on the provisions in Article 1, Article 85 of Decree No. 43/2014/ND-CP regulating the documentation of conversion of land lease forms. To register for land lease form conversion, the following documents are required:

• Application for land use change, property attached to land (original copy)
• Original Certificate of Issuance (copy)
• Signed land lease contract
• Documents proving financial obligations; documents related to exemption or reduction of financial obligations regarding land and property attached to land (if any)

Procedure Execution

Based on the content of Articles 60 and 61 of Decree No. 43/2014/ND-CP dated May 15, 2014, detailing the implementation of some provisions of the Land Law, organizations and individuals submit administrative procedure settlement documents to the Provincial Public Administration Service Center.

Step 1: Officer Reception and Results Inspection:

• If the documents are incomplete or invalid: The officer will guide the supplementation or completion of the documents as per regulations.
• If the documents are complete and valid: The officer receives the documents and schedules the result return, requesting organizations or individuals to pay fees to the Center (if applicable).

Step 2: Transfer of documents to the specialized department for resolution.

Step 3: Examination and handling of documents:

• If the documents do not meet processing requirements, a recommendation document is sent to the department’s leadership and the Department of Natural Resources and Environment for approval. Transfer B11 to issue the document return recommendation.
• If the documents meet processing requirements, move to section B4 for execution.

Step 4: Document appraisal:

• For complex cases, field inspections are organized (coordinating with relevant departments, agencies, and local authorities if necessary).
• Draft the submission and decision for approval.

Step 5: Department leadership approves the documents for submission to the Provincial Department for signing.

Step 6: Provincial Department reviews and approves the documents.

Step 7: Seal and issue documents.

Step 8: Submit the documents to the Provincial People’s Committee through the reception officer at the Provincial Public Administration Service Center.

Step 9: The Provincial People’s Committee issues a decision to allow the land lease form conversion.

Step 10: Transfer the settlement results from the Provincial People’s Committee to the reception officer at the Provincial Public Administration Service Center.

Step 11: Provide a recommendation document for the appraisal fee to the department’s leadership for approval.

Step 12: Assigned personnel process the document for transferring the fee collection document to the reception officer at the Provincial Public Administration Service Center.

Step 13: The reception officer at the Provincial Public Administration Service Center returns the settlement results and collects fees as per regulations.

Timeline for Settlement

• Direct submission:

Not more than 15 working days from the date of receiving complete and valid documents, excluding time for fulfilling financial obligations at the Tax Department, signing the land lease contract, processing cases of land use law violations, expert appraisal time, and time for land users to complete document supplementation as required.

• Postal service:

Not more than 15 working days from the date of receiving complete and valid documents, excluding time for fulfilling financial obligations at the Tax Department, signing the land lease contract, processing cases of land use law violations, expert appraisal time, and time for land users to complete document supplementation as required.

Authority for Settlement

• Decision-making authority: Provincial People’s Committee.
• Implementing agency: Department of Natural Resources and Environment.
• Coordinating agencies: Tax Department, Land Registration Office, District-level Department of Natural Resources and Environment, Communal People’s Committee.

Business consultation on conversion of land lease forms

To assist in guiding businesses through the process of converting land lease forms, consulting services at Long Phan focus on the following issues:

• Advising on the necessary legal procedures and processes required for land lease form conversion.
• Assisting in completing documentation and paperwork as per current legal requirements.
• Providing advice on processing timeframes and authorities for land lease form conversion.
• Offering continuous support and guidance throughout the implementation process until the completion of land lease form conversion.
• Contacting and carrying out procedures for land lease form conversion.

Conversion of land lease forms is a mandatory procedure if businesses intend to invest in land. Consulting services providing guidance on land lease form conversion bring significant benefits to businesses. Therefore, if you require consultation on land lease form conversion, please contact our hotline at 0906.735.386 to have Long Phan’s team of expert consultants provide detailed assistance and support for your business.