Procedures for registering for issuance of State leased land books for businesses

Procedures for registering for issuance of State leased land books for businesses is the legal process that businesses need to carry out to have their rights to use land leased from the State recognized. This process includes preparing documents, carrying out procedures, and receiving land lease books, ensuring the business has the legal right to use the land for business purposes. This article will analyze in detail the process and factors related to land registration, land lease procedures, and document appraisal.

Cases where the State leases land

According to Article 120 of the Land Law 2024, the State leases land in the following cases:

Land lease with one-time or annual land rental for cases not subject to land allocation with land use fees or land allocation without land use fees.

• The State leases land and collects a one-time land rent for the entire lease period in the following cases:
• Using land to implement investment projects in agricultural production, forestry, aquaculture, and salt making;
• Use of land in industrial parks, industrial clusters, high-tech parks, worker accommodation in industrial parks; land used for public purposes with business purposes; Use commercial and service land for tourism and office business activities;
• Use land to build social housing for rent in accordance with the law on housing.

The State leases land and collects annual land rent in the following cases:

• Cases not subject to land lease pay one-time land rent for the entire lease period;
• Cases where land rent is paid once for the entire lease period but there is a need to pay land rent annually;
• Public service units choose the form of land lease according to the provisions of Clause 3, Article 30 of the Land Law 2024.

Can foreign-invested enterprises lease land from the State?

Article 4 of the Land Law 2024 clearly stipulates that land users include economic organizations with foreign investment. Thus, foreign-invested enterprises are land users, are allocated land, leased land, and have land use rights recognized by the State.

>>> See more: Procedures for leasing land to implement domestic investment projects.

Businesses can choose to lease land

According to Article 30 of the Land Law 2024, economic organizations have the right to choose the form of land rent payment as follows:

• In case an economic organization is leasing land from the State with annual land rent but is in the case of being leased land by the State with one-time land rent for the entire lease period, it can choose to switch to renting land with one-time land rent payment for the remaining land lease period and must re-determine the land price to calculate land rent at the time of the decision to allow switching to land lease in the form of paying land rent once for the entire lease period according to regulations.
• In case an economic organization is leasing land from the State with a one-time land rental payment for the entire lease period, it can choose to switch to renting land with annual land rental payment.

Procedures for registering for issuance of State leased land books for businesses

Procedures for registering to issue red books for state-leased land to businesses are carried out according to the provisions of Decree 101/2024/ND-CP as follows:

Prepare documents

Profile includes:

• Application for registration of land and assets attached to land (Form No. 05/DK).
• Documents specified in Article 137, Clauses 4 and 5, Article 148, Clauses 4 and 5, Article 149 of the Land Law 2024 (if any).
• Diagram or extract of cadastral map or excerpt of cadastral map measurement of land plot (if any).
• Report on the results of reviewing the current land use status for domestic organizations.
• Construction design documents (evaluated or approved in writing) if certifying ownership of the project on agricultural land without documents according to Article 149 of the Land Law 2024, or the project is exempt from a construction permit.
• Documents of fulfillment of financial obligations, documents for exemption or reduction of financial obligations regarding land and assets attached to land (if any).

Preparing complete documents helps the registration process go smoothly. Records need to be checked carefully to avoid errors.

Implementation procedures

• Step 1: Submit documents to the One-Stop Department according to regulations of the Provincial People’s Committee or Land Registration Office;
• Step 2: The receiving agency issues a Certificate of Document Receipt and an appointment to return the results.
• Step 3: The Provincial People’s Committee directs the provincial land management agency to check the current status of land use and determine the land plot boundaries according to the provisions of Clause 2, Article 142 and Clause 2, Article 145 of the Land Law.
• Step 3: The provincial land management agency prepares a report to submit to the Provincial People’s Committee to determine the form of land use; Determine land price, send information transfer form to tax authorities to determine and notify financial obligations.
• Step 4: After receiving notice of completion of financial obligations from the tax authority, the provincial land management agency submits to the Provincial People’s Committee to sign the Certificate or sign a land lease contract; Transfer the Certificate/Land Lease Contract to the application receiving agency; Transfer documents and copies of Certificates to the Land Registration Office to update cadastral records and land database.

Consulting services and guidance on registration procedures for issuance of State leased land books for businesses from Long Phan Consulting Company

Long Phan Consulting Company provides consulting services and guidance on the procedures for the issuance of State leased land books for businesses, including:

• Consulting on cases of land leased by the state;
• Consulting on conditions for leasing land;
• Consulting on how to convert land lease;
• Guide and support businesses to prepare complete documents;
• Guidance on procedures for registering state leased land red books for businesses;
• Enterprise representative applies for red book for leased land;
• Consulting and guidance on handling problems during the process of applying for a red book;
• Consulting on business paperwork problems related to land;
• Consulting and answering other related issues.

Frequently asked questions about registration procedures for the issuance of State leased land books for businesses

Below are frequently asked questions that customers can refer to:

Are foreign-invested enterprises allowed to lease land from the State?

According to the Land Law 2024, foreign-invested enterprises are considered land users and therefore have the right to lease land from the State.

How can businesses choose how to pay land rent?

Businesses can choose to pay land rent once for the entire rental period or pay land rent annually, depending on needs and legal regulations.

What documents are included in the application for land lease registration?

Documents include registration application, documents related to land use rights, land plot diagram, land use status report, construction design documents (if any) and documents to fulfill financial obligations.

What are some things to note when carrying out procedures for granting leased land books?

It is necessary to prepare complete documents according to regulations, follow the correct steps in the process and comply with the provisions of land law.

In case leased land has attached assets, what procedures must be followed?

It is necessary to provide additional documents proving ownership of assets attached to land and carry out property registration procedures according to regulations.

When there is a dispute over leased land use rights, how is it handled?

The parties can negotiate, conciliate or sue in court to resolve the dispute in accordance with the law.

Conclude

The procedure for registering for issuance of State leased land books for businesses is a complex process, requiring a deep understanding of land law and practical experience. Long Phan Consulting Company with a team of experienced lawyers, providing comprehensive consulting and support services, helps businesses complete this procedure effectively and smoothly. Customers who need advice and support on registration procedures for land rental books, please contact us via the hotline: 0906735386 for timely support.