Consultation on Drafting Documents for Capital Contribution by Land Use Rights

Drafting documents for capital contribution by land use rights is a process that requires a deep understanding of law and document drafting skills. Using land use rights as a form of capital contribution ensures the rights of participating parties. This contributes to enhancing the transparency and legality of the capital contribution process. In the following article, Long Phan will present important information when drafting documents for capital contribution by land use rights. Please refer!

Consultation on Drafting Documents for Capital Contribution by Land Use Rights

What is a capital contribution document using land use rights?

Capital contribution by land use rights: Capital contribution by land use rights is one of the forms of land use rights transfer. Accordingly, land use rights transfer is the transfer of land use rights from one person to another through the forms of conversion, transfer, inheritance, donation of land use rights and capital contribution with land use rights.

Document on capital contribution using land use rights: Currently, the Civil Code 2015 does not regulate the concept of capital contribution contract using land use rights. Based on Article 500 of this Code, it can be understood that a document (contract) for capital contribution using land use rights is a type of legal document. This legal document records the use of land use rights by a party (called the capital contributor) to contribute to the capital of an organization or enterprise (called the capital contribution receiver). Land use rights here can be understood as the right to exploit, use and benefit from that land according to the provisions of law.

Legal basis: Clause 10, Article 3 of the Land Law 2013, Article 500 of the Civil Code 2015.

Regulations on capital contribution documents using land use rights

Form

Documents on capital contribution using land use rights must be made in writing, not orally or in any other form. And must be notarized or authenticated at a competent state agency if one of the parties is not a real estate business organization. This is to ensure legality and avoid future disputes.

Based on the content at Point a, Clause 3, Article 167 of the Land Law 2013.

Content

Refer to the provisions in Article 501 of the Civil Code 2015, the capital contribution contract with the right to use has the following basic contents:

• Names and addresses of the parties in the capital contribution contract using land use rights;
• Rights and obligations of the parties in a capital contribution contract using land use rights;
• Type of land, land class, area, location, code number, boundaries and status of contributed land;
• The remaining term of use of contributed land by the contributing party;
• Time limit for capital contribution using land use rights;
• Value of land use rights contributed as capital;
• The rights of a third person to the land contributed as capital;
• Responsibilities of the parties when violating the capital contribution contract with land use rights.

 Compliance with content and form

Things to note when drafting documents for capital contribution by land use rights

When drafting documents for capital contribution by land use rights, it is necessary to note a number of important points to ensure legality, clarity and avoid future disputes. Below are specific notes:

• Check the Certificate of land use rights: Land use rights must have a legal certificate, not disputed, not distrained to ensure judgment enforcement.
• Check land use planning and plans: Determine whether the land is consistent with local land use planning and plans.
• Determine the value of land use rights at the time of capital contribution according to the agreement between the parties or ask a competent valuation organization to determine.
• Clearly state the purpose of capital contribution (what project to carry out, what business to do), and the capital contribution deadline.
• Clearly define the rights and obligations of the party contributing capital and the party receiving capital contribution.
• Clearly define the responsibilities of the parties in case of a breach of contract.
• Clearly stipulate how to resolve disputes, which can be through negotiation, conciliation or submission to a competent court.
• Capital contribution documents must be made in writing, other forms are not accepted.
• Notarization or authentication:
• Capital contribution documents need to be notarized or authenticated at a competent state agency.
• Learn and comply with regulations on tax obligations when performing capital contribution transactions using land use rights.

It is necessary to pay attention to the above issues so that the capital contribution document with land use rights will ensure the legality and protect the interests of the participating parties.

Ensure complete text content

Sample document for capital contribution using land use rights

Reference: Contract for capital contribution using land use rights

Consulting services for drafting documents for capital contribution by land use rights

With a team of experts with extensive practical experience and deep understanding of land law and contracts. We would like to provide our customers with effective and comprehensive consulting solutions surrounding the following issues:

• Consulting and evaluating the legal status of land, determining whether the land is in dispute or distrained.
• Draft detailed capital contribution contracts using land use rights. Meet specific customer requirements to ensure compliance with the actual situation and maximize customer protection.
• Guide and support customers in notarizing or authenticating capital contribution contracts at competent authorities.
• Provide solutions and legal support to customers in case of disputes related to capital contribution contracts.
• Representing customers in dispute resolution procedures at courts or competent agencies.

The drafting documents for capital contribution by land use rights must comply with the provisions of law in terms of content and form. Because violating the above will lead to legal consequences such as invalid contract, major penalties or disputes between the parties. Therefore, let Long Phan accompany you in the above issues to limit possible risks. If you need to use the service, please contact hotline 0906.735.386 for the best detailed advice.