Procedures for extending land use rights for businesses A-Z

Procedures for extending land use rights for businesses is a process that businesses need to know when the land use term is about to end. Understanding procedures for extending land use rights helps businesses ensure continuity in business operations and compliance with legal regulations. The article below, written by Long Phan Consulting Company, provides detailed and accurate information about the process, documents and issues related to extending land use rights for businesses, ensuring customers get a comprehensive and effective solution.

When do businesses have to extend land use rights?

According to the provisions of Clause 3, Article 172 of the Land Law 2024, businesses need to carry out procedures to extend land use rights in the last year of the land use term assigned or leased by a competent state agency. Enterprises need to submit an application for extension no later than 6 months before the end of the land use term. Past this deadline, businesses will not be granted an extension, except in cases of force majeure.

Therefore, businesses need to pay attention to the timelines for extending land use rights to ensure their production and business activities.

Application for extending land use rights for businesses

Dossier requesting extension of land use rights includes the documents specified in Clause 1, Article 64 of Decree 102/2024/ND-CP, specifically including:

• Application for extension of land use according to Model number 08 in the Appendix issued with Decree 102/2024/ND-CP.
• One of the certificates specified in Clause 21, Article 3, Clause 3, Article 256 of the Land Law 2024.
• 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.
• Document from a competent authority permitting the extension of the investment project’s operating term or showing the investment project’s operating term in accordance with the law on investment in case of using land to implement an investment project.

Preparing complete and accurate documents ensures the renewal process goes smoothly.

>>> See more: Drafting legal land use rights transfer contracts.

Procedures for extending land use rights for businesses

Procedures for extending land use rights for businesses are carried out according to the process specified in Clause 2, Article 64 of Decree 102/2024/ND-CP. This process includes the following steps:

Step 1: Submit application

Enterprises applying to extend land use rights submit applications to one of the following agencies:

• The One-Stop Department follows the regulations of the Provincial People’s Committee on receiving documents and returning results of administrative procedures at the provincial, district and commune levels;
• Land registration office;
• Land Registration Office Branch.

Step 2: Evaluate the application and decide to extend

Case 1: Extension of land use rights for businesses paying land use fees and land rent calculated according to the land price in the price list:

1. In case the dossier is complete and valid: The agency with land management function assigns the Land Registration Office to provide information about the land database and compile an extract of the cadastral map of the land plot;
2. In case the dossier is invalid: the person submitting the dossier supplements the cadastral measurement of the land plot for the land plot where there is no cadastral map or redo the dossier or supplement the dossier and resubmit;
3. The agency with land management function completes the dossier and submits it to the competent People’s Committee to issue a decision to extend land use rights;
4. The People’s Committee at the competent level shall consider and issue a decision to extend land use rights;
5. The agency with land management function transfers cadastral information of the land plot to the tax authority;
6.  Land users pay land use fees and land rents according to the provisions of law on land use fees and land rents;
7. The tax authority confirms the completion of payment of land use fees and land rent and sends notification of results to the agency with land management functions;
8. The agency with land management function submits to the competent authority to sign and issue the Certificate;
9. The Land Registration Office or Land Registration Office Branch is responsible for updating and adjusting the land database and cadastral records.

Case 2: Extending land use rights with businesses paying land use fees and land rent according to specific land prices

Do the same as items 1, 2, 3, 4, 5 of case 1. In addition, also perform the following steps:

• Agencies with land management functions organize the determination of specific land prices and submit them to competent authorities to issue decisions approving specific land prices;
• The competent authority shall consider and issue a decision approving specific land prices;
• Then perform the steps in items 7, 8, 9 of case 1.

Above are the procedures for extending land use rights for businesses, each specific case has certain differences.

>>> See more: Procedures for extending the operating period of investment projects.

Consulting services and guidance on procedures for extending land use rights for businesses

To support businesses in the process of extending land use rights, Long Phan Consulting Company provides the following services:

• Consulting on legal regulations related to land use rights extension.
• Guide and support customers in preparing necessary documents and documents.
• Representing customers to submit applications and work with competent state agencies.
• Monitor the application processing process and notify customers of the results.
• Resolve legal issues that arise during the implementation of procedures.
• Consulting on customers’ rights and obligations after successfully extending land use rights.

With experience and deep understanding of land law, Long Phan Consulting Company commits to accompanying customers throughout the process of extending land use rights, ensuring the procedure takes place smoothly, quickly and in accordance with regulations.

Frequently asked questions about extending land use rights for businesses

Below are frequently asked questions about procedures for extending land use rights for businesses that customers may be interested in:

What happens if a business does not renew land use rights on time?

If the enterprise misses the extension deadline, except for force majeure cases, the enterprise may lose land use rights and the land may be revoked according to the provisions of law.

Where can businesses submit applications to extend land use rights?

Enterprises can submit applications at the One-Stop Department according to regulations of the Provincial People’s Committee, Land Registration Office or Land Registration Office Branch.

What financial obligations should businesses pay attention to when extending land use rights?

Enterprises need to fulfill their obligation to pay land use fees or land rent according to the provisions of law.

What documents prove that the enterprise has fulfilled its financial obligations related to land?

Documents of payment to the state budget are documents proving that the enterprise has fulfilled its financial obligations.

Are businesses required to use legal consulting services when extending land use rights?

It is not required, but using legal consulting services can help businesses carry out procedures more quickly and accurately.

What are the conditions for extending land use rights?

Meet the conditions for extension application deadlines, and financial obligations related to land, as well as land use purposes in accordance with state regulations.

During the renewal process, if there are errors in the documents, what should businesses do?

If there are errors, the enterprise needs to supplement or edit the records as required by the competent authority and resubmit.

How is the land price used to calculate land use fees and land rent upon renewal determined?

Land prices can be calculated according to the land price list prescribed by the state or according to specific land prices determined by competent authorities.

Conclude

Renewing land use rights is a complex process, requiring a deep understanding of land law and related regulations. Long Phan Consulting Company provides customers with professional consulting and support services, helping customers complete renewal procedures quickly and effectively. Please contact us via the hotline: 0906735386 for detailed advice and best support.