Deregistration of Lease or Sublease of Land Use Rights in Infrastructure Projects

The Deregistration of Lease or Sublease of Land Use Rights in Infrastructure Projects (specifically for projects constructing and engaging in the business of infrastructure) is a mandatory process to record legal changes regarding land use rights. Clients need to perform this procedure to terminate obligations on cadastral records and ensure transparency for subsequent transactions. This article analyzes the authority, dossier, and procedure under current laws.

The competent authority shall cancel the registration of land leases and subleases in infrastructure construction and business projects.

According to Subsection 2, Section B, Part II of Administrative Procedures issued with Decision No. 2304/QD-BNNMT dated June 23, 2025, the authority is defined as follows:

Decision-Making Authority:

• Land Registration Office: For domestic organizations, religious organizations, affiliated religious organizations, foreign organizations with diplomatic functions, foreign-invested economic organizations, foreign organizations, and foreign individuals.
• Land Registration Office or Branch of the Land Registration Office: For individuals, residential communities, and overseas Vietnamese.

Implementing Agency:

• The Land Registration Office or the Branch of the Land Registration Office.

Note: This decentralization facilitates local processing. Identifying the correct authority helps clients avoid dossier returns or processing delays.

Required Dossier for the procedure to cancel the registration of land use rights lease or sublease in infrastructure construction and business projects.

The dossier components are detailed in Decision No. 2304/QD-BNNMT, including:

1. Application Form: Application for registration of changes to land and land-attached assets (Form No. 18 issued with Decree No. 151/2025/ND-CP).
2. Issued Certificate: The original Certificate (Red Book/Pink Book).
3. Termination Document: Document regarding the cancellation of lease or sublease of land use rights.
4. Authorization: Document on representation in accordance with civil law (if the procedure is performed via a representative).

Procedure for canceling land registration and subleasing land use rights.

The process for Deregistration of Lease or Sublease of Land Use Rights in Infrastructure Projects follows these steps:

Step 1: Submission The applicant submits the dossier to one of the locations in the province:

• Organizations/FIEs: Submit to the Public Administration Center or the Land Registration Office.
• Individuals/Communities: Submit to the Public Administration Center, Land Registration Office, or its Branch.

Submission Methods: Applicants may submit originals, certified copies, or present originals for comparison. For online submission, documents must be digitized from originals or certified copies. Important: The original issued Certificate must be submitted for updates.

Step 2: Reception The receiving agency checks the completeness of the dossier:

• Issues a Receipt and Appointment Slip.
• If incomplete, issues a Request for Supplementation to guide the applicant.
• Transfers the dossier to the Land Registration Office/Branch (if received at the Public Administration Center).

Step 3: Processing The Land Registration Office or its Branch performs the following:

• Confirms the deregistration of lease/sublease on the Investor’s issued Certificate and returns it to the Investor.
• Revokes the issued Certificate of the Lessee/Sublessee.
• Updates the cadastral records and land database.

>>> See more: Online Land Registration Changes: A Guide

Long Phan Consulting provides consulting services on procedures for deregistering and subleasing land use rights in infrastructure construction and business projects.

Administrative procedures in the land sector, especially for infrastructure projects, involve large volumes of documents and complex legal nature. Long Phan Consulting Company provides comprehensive legal solutions:

• Legal Consulting & Review: Analyzing project legalities and lease/sublease agreements; reviewing the validity of termination documents under the Law on Land 2024; assessing legal risks.
• Dossier Drafting: Drafting the Application for Registration of Changes; preparing authorization documents; standardizing the dossier to minimize requests for supplementation.
• Representation: Working directly with competent state agencies; monitoring dossier progress; explaining issues arising during processing; advising on complex cases involving foreign elements or disputes.

Frequently Asked Questions about Deletion of Lease Registration and Subleasing of Land Use Rights in Infrastructure Construction and Business Projects

Below are some frequently asked questions regarding the deregistration and subleasing of land use rights in infrastructure construction and business projects. Please refer to them:

What is the processing time limit?

It is determined by the Provincial People’s Committee but must not exceed 03 working days from the receipt of a valid dossier. For mountainous, island, or remote areas, the time may increase by 13 working days. (Legal Basis: Decision No. 2304/QD-BNNMT).

Can I submit via post? 

Yes. Applicants can submit via postal service, directly at the agency, at an agreed location, or online via the National/Provincial Public Service Portal.

Can Foreign-Invested Enterprises (FIEs) submit to the Branch Office? 

No. FIEs must submit dossiers to the Land Registration Office (Provincial level) or the Provincial One-Stop Shop.

Can I deregister if the land is in dispute? 

No. If the agency receives a written document from a competent authority regarding a land dispute settlement, the procedure will be suspended. It resumes only after the dispute is resolved.

What if the applicant dies during the process? 

The procedure is not cancelled. Heirs (determined by civil law) will submit proof of inheritance to continue the procedure.

Conclusion

The Deregistration of Lease or Sublease of Land Use Rights in Infrastructure Projects is a critical legal step to finalize land management records. To ensure compliance and speed, please contact Long Phan Consulting Company via Hotline 1900636389 for specialized support.