Procedures for applying for land allocation to implement enterprise investment projects

Procedures for applying for land allocation to implement enterprise investment projects is the process that businesses need to follow to receive land use rights from the State to implement investment projects. Understanding the conditions, documents and procedures for land allocation helps businesses be more proactive in the investment process, ensuring compliance with land laws. This article by Long Phan Consulting Company will provide detailed and in-depth information about this procedure, helping customers clearly understand the necessary steps to successfully carry out the land allocation application.

Conditions for land allocation to implement enterprise investment projects

To be allocated land by the State to carry out investment projects, businesses need to meet the conditions specified in Clause 2, Article 122 of the Land Law 2024. Specifically, these include the following conditions:

• Deposit or other forms of security according to the provisions of investment law;
• Have financial capacity to ensure land use according to the progress of the investment project and other conditions according to relevant laws;
• Not violating the provisions of the law on land or violating the provisions of the law on land but having completely complied with the legally effective decision or judgment of the competent authority at the time of request for land allocation.

Note: Identifying land users violates the provisions of land law applicable to all land plots in use throughout the country.

Fully meeting these conditions is the first step for businesses to legally apply for land allocation to carry out investment projects.

Does an investor who wins a bid for an investment project using land need to deposit a deposit to ensure project implementation?

The issue of deposits to ensure the implementation of investment projects for investors winning bids for projects using land is clearly stipulated in the Law on Investment 2020 and the Land Law 2024.

According to Clause 1, Article 43 of the Law on Investment 2020, investors must deposit or have a bank guarantee on deposit obligations to ensure the implementation of investment projects requiring land allocation from the State. However, there are some exceptions where no margin is required. This includes investors who won bids to implement investment projects using land.

Thus, not in all cases, businesses applying for land allocation to implement investment projects must ensure deposit conditions.

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

Application for land allocation to implement enterprise investment projects

Applications for land allocation to implement enterprise investment projects are detailed in Article 44 and Article 49 of Decree No. 102/2024/ND-CP and there are differences depending on the form of investor selection to implement projects using land. Below are the types of documents that businesses need to prepare:

Land allocation documents do not go through the form of auction of land use rights, and do not bid to select investors to implement projects using land for cases subject to investment policy approval or investor approval:

• Application for land allocation (Model number 02a in the Appendix issued together with Decree No. 102/2024/ND-CP).
• Document approving the investment project, decision approving the investment policy, decision approving the investment policy and approving the investor.
• Document from the competent state agency approving the investor (if any). In case the decision to approve the investment policy does not also approve the investor, this document is mandatory.
• Document from the unit assigned to organize the auction of land use rights on the results of the auction of land use rights being unsuccessful due to the expiration of the registration period and only 01 person registered to participate in the auction (if any).
• Document on the results of real estate project transfer (if any).

Land allocation documents do not go through the form of auction of land use rights, and do not bid to select investors to implement projects using land for cases not subject to investment policy approval or investor approval:

Application for land allocation (Model number 02a in the Appendix issued together with Decree No. 102/2024/ND-CP).

Documents for land allocation through bidding to select investors to implement projects using land:

• Application for land allocation (according to Model number 02a in the Appendix issued together with Decree No. 102/2024/ND-CP).
• Document approving the investor selection results from the competent state agency according to the provisions of law on bidding.

Full and accurate preparation of documents in the land allocation application is an important step to ensure the procedure goes smoothly and quickly.

Procedures for applying for land allocation to implement enterprise investment projects

The procedure for applying for land allocation to implement enterprise investment projects includes many steps, requiring close coordination between the enterprise and competent state agencies. Below is the order and implementation method specified in Articles 44 and 49 of Decree 102/2024/ND-CP and Decision 629/QD-BTNMT:

How to do it

Enterprises submit documents requesting land allocation at the agency receiving documents and returning results of administrative procedures in one of the following cases decided by the Provincial People’s Committee:

• Submit documents directly at the One-Stop Department according to regulations of the Provincial People’s Committee on receiving documents and returning results of administrative procedures at provincial, district and commune levels.
• Submit your application through the public postal service.
• Submit online: Submit on the provincial public service portal or the provincial administrative procedure information system in cases where the original application is not required.

Execution order

Step 1: Submit application for land allocation

Enterprises prepare complete documents according to regulations and submit them to the agency receiving documents and returning results.

Step 2: Receive and process documents at the agency with provincial land management functions

The land registration office provides information about the land database and prepares an extract of the cadastral map of the land plot in case the dossier is complete and valid.

• Instruct the applicant to supplement the cadastral measurement of the land plot for land plots where there is no cadastral map according to regulations or re-do the application in cases where the application is incomplete or invalid.
• Review and check documents.
• Field inspection (if necessary).

Step 3: Complete the dossier and submit it to the Provincial People’s Committee to issue a land allocation decision

After inspection, the provincial-level land management agency will complete the dossier and submit it to the Provincial People’s Committee for review and issuance of a land allocation decision.

Step 4: The Provincial People’s Committee considers and issues a land allocation decision

Step 5: Transfer cadastral information of the land plot to the tax authority

The provincial-level land management agency will transfer information related to the land plot to the tax authority to determine financial obligations.

Step 6: Tax authorities determine and notify payment of land use fees and land rent

The tax authority will base on the regulations to determine the amount of land use fee or land rent that the enterprise must pay and issue a notice.

Step 7: Enterprises pay land use fees and land rent

Enterprises fulfill financial obligations according to notices from tax authorities.

Step 8: The tax authority confirms the completion of financial obligations and sends notification of results to the provincial land management agency.

Step 9: Complete procedures for awarding Land Use Rights Certificate

The provincial-level land management agency submits to the competent authority to sign and issue the Certificate; Transfer documents to the Land Registration Office or Land Registration Office branch; Organize the handover of land on the ground and hand over the Certificate to the enterprise.

Step 10: Update and adjust land database and cadastral records

The Land Registration Office or Land Registration Office Branch updates relevant information into the land management system.

Resolution deadline

The time limit for processing land allocation procedures is no more than 20 days from the date of receipt of complete and valid documents. For mountainous and border communes; islands; areas with difficult socio-economic conditions; In areas with extremely difficult socio-economic conditions, the processing time limit is no more than 30 days from the date of receipt of complete and valid documents.

>>> See more: Instructions for Drafting Proposal Documents to Implement Investment Projects.

Consulting services and guidance on procedures for applying for land allocation to implement enterprise investment projects

Long Phan Consulting Company provides comprehensive consulting and guidance services on procedures for applying for land allocation to implement investment projects for businesses in Vietnam. Our services include:

• Consulting on conditions for land allocation to implement investment projects.
• Guide businesses to fully and accurately prepare land allocation applications according to each specific case.
• Draft necessary documents in the land allocation application, ensuring legality and complete information.
• The enterprise representative submits the application for land allocation to the competent state agency.
• Monitor application processing progress and regularly update information for the business.
• Resolve problems that arise during the land allocation process.
• Consulting on financial obligations related to land allocation.
• Support businesses in the process of receiving land handover on the ground and receiving Land Use Rights Certificates.
• Consulting on other issues related to land use after being allocated land to implement investment projects.

With professional and dedicated service, Long Phan Consulting Company is confident to be a reliable partner, helping businesses complete land allocation procedures quickly and effectively, contributing to the success of investment projects.

Frequently asked questions about procedures for applying for land allocation to implement investment projects

Below are frequently asked questions about this issue that customers can refer to:

What requirements do businesses need to meet to be granted land use rights by the State for investment projects?

Enterprises need to make a deposit or have other forms of security according to investment laws, have sufficient financial capacity to ensure the use of land according to the project schedule and comply with relevant legal regulations, and at the same time not violate land laws or have completed legal obligations if there are previous violations.

What documents do businesses need to prepare to apply for land allocation without auction and without investment policy approval?

In this case, the enterprise only needs to submit an application for land allocation according to the prescribed form.

What does an application for land allocation through investor selection bidding include?

The dossier includes an application for land allocation according to the form and a document approving the investor selection results from the competent state agency according to the provisions of law on bidding.

In what ways can businesses apply for land allocation?

Enterprises can submit applications directly at the One-Stop Department, through the public postal service, or online on the provincial public service portal (if the application does not require an original copy).

After submitting the application, what work will the provincial land management agency perform?

The land registration office will provide information from the land database and make cadastral map extracts (if the records are valid), provide additional instructions for cadastral measurements (if necessary), review and check records and may conduct field inspections.

The decision to allocate land to businesses will be issued by which agency?

The Provincial People’s Committee is the competent authority to consider and issue land allocation decisions.

After deciding to allocate land, what financial obligations do businesses need to fulfill?

Enterprises are obliged to pay land use fees or land rent according to notices from tax authorities.

What is the maximum time to complete the land allocation procedure?

The normal processing time is no more than 20 days from the date of receipt of complete and valid documents. For particularly difficult areas, this period can be extended up to 30 days.

After completing financial obligations, what documents will businesses receive certifying land use rights?

Enterprises will be awarded a Land Use Rights Certificate after the tax authority confirms the completion of financial obligations.

Conclude

In order for the process of applying for land allocation to implement enterprise investment projects to go smoothly and effectively, preparing complete documents is extremely necessary. If you have any questions or need support during this process, please contact Long Phan Consulting Company via the hotline: 0906735386 for timely advice and support.