Procedures for requesting adjustment of land use term of investment projects

Article overview

Proposal to adjust the land use term of investment projects brings many benefits to investors and business development. Extending the land use period helps optimize economic efficiency, increase capital recovery and expand project scale. The article below will provide specific information about documents, conditions, and procedures for requesting adjustment of land use terms of investment projects.

How to propose adjusting the land use term of an investment project?
How to propose adjusting the land use term of an investment project?

Conditions for adjusting land use term for investment projects using land

According to Clause 1, Article 175 of the Land Law 2024, the adjustment of land use term for investment projects using land before the end of the land use term must meet the following conditions:

  • Consistent with district-level land use planning;
  • There is a written request to adjust the land use term of the investment project;
  • Completed financial obligations regarding land to the State according to the provisions of the law;
  • Not subject to land recovery specified in Article 81 of the Land Law 2024;
  • There is a document from a competent authority on adjusting the investment project according to the provisions of law that changes the operating term of the investment project;
  • Meets environmental conditions according to the provisions of law on environmental protection.

Authority to resolve requests to adjust land use term of investment projects

Regarding the authority to adjust the land use term of investment projects, based on Clause 3, Article 66 of Decree 102/2024/ND-CP, referring to Point c, Clause 2, Article 44 of this Decree, this authority will belong to The People’s Committee has the authority to issue decisions on land allocation, land lease, and permission to change land use purposes.

The agency resolves the request to adjust the land use term of investment projects
The agency resolves the request to adjust the land use term of investment projects

Procedures for adjusting the land use term of investment projects

Prepared documents

When adjusting the land use term of an investment project, you need to prepare the following documents:

  1. Written request to adjust the land use term of the investment project according to Form No. 10 in the Appendix issued with Decree 102/2024/ND-CP;
  2. Document from a competent authority allowing change of the investment project’s operating term according to the provisions of investment law;
  3. One of the following documents:
  • One of the certificates specified in Clause 21, Article 3, Clause 3, Article 256 of the Land Law;
  • 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.

Implementation steps

The steps to adjust the land use term of an investment project include two main steps, based on Clause 1 and Clause 2, Article 66 of Decree 102/2024/ND-CP.

Step 1: Submit application:

Land users wishing to adjust the land use term of an investment project shall submit 01 set of documents requesting adjustment of land use term to the application receiving agency and return the results to the One-Stop Department according to regulations. Decision of the People’s Committee at the competent level on the implementation of receiving documents and returning results of administrative procedures at provincial, district and commune levels.

Step 2: Check profile

The Land Registration Office or Land Registration Office Branch performs the following tasks:

Provide information about land databases, prepare extracts of cadastral maps of land plots.

In case the dossier is complete and valid; instruct the dossier submitter to supplement the cadastral measurement of the land plot for the land plot in the place where there is no cadastral map according to regulations or redo the dossier or supplement the dossier and resubmit it to the competent land management agency in case the dossier is incomplete or invalid; review and check the dossier; conduct a field inspection;

Step 3: The agency with land management function submits to the competent People’s Committee to issue a decision to adjust the land use term of the investment project.

Step 4: The People’s Committee at the competent level shall consider and issue a decision on adjusting the land use term of investment projects.

Step 5: The agency with land management function transfers cadastral information of the land plot to the tax authority

Step 6: Tax authorities determine land use fees and land rents payable according to regulations and issue land use fee and land rent payment notices to land users.

Step 7: Land users pay land use fees and land rent according to the provisions of law on land use fees and land rent.

Step 8: 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.

Step 9: The agency with land management function submits to the competent authority to sign and issue the Certificate.

Steps to adjust the land use term of an investment project
Steps to adjust the land use term of an investment project

Consulting services and support for adjusting the land use term of investment projects

Implementing the procedure to request adjustment of land use term not only helps you optimize benefits from the project but also ensures sustainable development in the future.

At Long Phan, we provide professional consulting services and comprehensive support in adjusting land use terms for investment projects. The following are our consulting and support services:

  • Field survey and current status analysis: Assess the actual situation of the project to develop a reasonable adjustment plan;
  • Consulting on conditions for adjusting land use term of investment projects;
  • Instructions for preparing documents to adjust the land use term of investment projects;
  • Instructions on the order and procedures for adjusting the land use term of investment projects;
  • Consulting and guidance on how to handle problems that arise during the process of requesting adjustment of land use term of investment projects;
  • Authorized representative carries out procedures for adjusting the land use term of investment projects;
  • Consulting on other related issues.

We understand that each project has its own characteristics, so Long Phan’s services are always flexible and suitable to your specific needs. Let us help you optimize your time and investment costs. Contact us today via the hotline 0906735386 to receive the most dedicated and professional support!