What are the procedures for applying for land allocation to implement investment projects?

Procedures for applying for land allocation to implement investment projects requires investors to comply with strict legal procedures according to the Land Law and guiding decrees. This process includes submitting an application for land allocation or land lease, appraisal of documents, field inspection, issuance of land allocation decision and fulfillment of financial obligations. The article below will analyze in detail the procedures for applying for land allocation to implement investment projects according to current legal regulations.

Land allocation without auction of land use rights, without bidding to select investors to implement projects using land

For cases subject to investment policy approval

Procedures for land allocation not through auction of land use rights or investor selection bidding apply to domestic organizations, religious organizations, people of Vietnamese origin residing abroad, and economic organizations with foreign investment capital. This process complies with Decision 629/QD-BTNMT and current regulations on land management.

Land allocation procedures in this case are divided into three groups according to the method of calculating land use fees or land rent:

1. In case the land user must pay land use fees or land rent calculated according to the land price in the land price list:

The implementation process includes the following steps:

• The person applying for land allocation submits the land allocation application or land lease application to the agency that receives the documents and returns the results.
• The provincial land management agency will assign the Land Registration Office to provide information about the land database and compile an extract of the cadastral map of the land plot in case the dossier is complete and valid.
• The land management agency reviews and examines records and conducts field inspections.
• After completing the dossier, the land management agency submits it to the Provincial People’s Committee to issue a decision on land allocation or land lease.
• The tax authority will determine the amount of land use fee and land rent payable and send a notice to the land user.
• Land users fulfill financial obligations according to regulations.
• After receiving confirmation of completion of financial obligations from the tax authority, the land management agency submits it to the competent authority to sign the Certificate, sign the land lease contract (if it is a case of land lease), organize the handover of land on the ground and give the Certificate to the land user.

2. In case of land use in the case of land allocation without collection of land use fees:

This process is similar to the above case but does not have the steps related to determining and paying financial obligations. Specifically:

• The land allocation applicant submits the land allocation application to the agency that receives the application and returns the results.
• Provincial land management agencies carry out the steps to prepare documents as in the above case.
• The Provincial People’s Committee issues a land allocation decision.
• In the case of calculating land use fees based on specific land prices, after the Provincial People’s Committee issues the land allocation decision, the land management agency must organize the determination of the specific land price and submit it to the Chairman of the Provincial People’s Committee for approval.
• The land management agency organizes the issuance of Certificates, hands over land on the ground and completes cadastral records.

The time limit for resolving land allocation procedures is no more than 20 days for normal areas and no more than 30 days for mountainous areas, border areas, islands, and areas with difficult socio-economic conditions. This time does not include the time for determining specific land prices, determining financial obligations and the time for implementing financial obligations of land users.

3. In cases where land users must pay land use fees or land rent calculated according to specific land prices:

For this case, in addition to the steps as in the first case, a specific land price determination process is also added:

• After the Provincial People’s Committee issues a decision to allocate or lease land, the land management agency will organize the determination of specific land prices.
• The Chairman of the Provincial People’s Committee issues a decision approving specific land prices.
• The tax authority determines financial obligations based on the specific approved land price.
• The next steps are performed as in the first case.

Application dossiers for land allocation in the above cases usually include the following documents:

• Application for land allocation (Form No. 02a) or application for land lease (Form No. 02b) according to Decree No. 102/2024/ND-CP.
• Document approving investment project, decision approving investment policy.
• Investor approval document for land acquisition project for socio-economic development purposes.
• Document of unsuccessful auction results of land use rights (if any).
• Document on the results of real estate project transfer (if any).
• Documents related to changes in land use rights due to division, separation, or consolidation (if any).

Depending on each case, the profile components may vary.

>>See more: Procedures for extending the land use term of individual investment projects.  

For cases not subject to investment policy approval or investor approval

For projects that are not subject to investment policy approval, land allocation procedures also follow the same process as in the case of investment policy approval. However, the application documents are simpler, only including an application for land allocation or an application for land lease according to form No. 02a specified in Decree 102/2024/ND-CP.

The implementation process is also divided into three cases:

1. In case the land user must pay land use fees, land rent is calculated according to the land price in the land price list;
2. In case of land allocation, land use fees will not be collected;
3. In cases where land users must pay land use fees, land rent is calculated based on the specific land price.

The steps taken in each case are similar to those mentioned in the case of investment policy approval, including application submission, field inspection, and submission to the Provincial People’s Committee for decision. Depending on the method of paying land use fees (according to the land price list or specific land price), the next steps will involve determining financial obligations and issuing a Land Use Rights Certificate.

Subjects carrying out this procedure include domestic organizations, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad, economic organizations with foreign investment, and foreign organizations with diplomatic functions.

Applications can be submitted directly at:

• One-Stop Department, through public postal services;
• Submit online on the public service portal in cases where original documents are not required.

The processing time for cases not subject to investment policy approval is similar to cases subject to investment policy approval, specifically:

• No more than 20 days for areas other than mountainous communes, border areas, islands, and areas with difficult socio-economic conditions;
• No more than 30 days for mountainous communes, border areas, islands, areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions.

The result of implementing the procedure is a land allocation decision or land lease decision according to the form specified in the Appendices issued with Decree No. 102/2024/ND-CP. After this decision, the land user can proceed with further procedures to implement their investment project.

Land allocation through bidding to select investors to implement projects using land

Procedures for applying for land allocation to implement investment projects through bidding are applied to the winning investor or economic organization established by the winning investor to implement the project. This process is also divided into three cases similar to the above sections:

1. In case the land user must pay land use fees or land rent calculated according to the land price in the land price list:

The process includes:

• The winning investor submits an application for land allocation or land lease and a document approving the investor selection results from a competent state agency according to the provisions of law on bidding.
• The land management agency carries out procedures for checking documents, conducting field inspections and submitting them to the Provincial People’s Committee to issue a decision on land allocation or land lease.
• Tax authorities determine financial obligations and notify investors.
• Depending on the method of paying land use fees (according to the land price list or specific land price), the investor will fulfill financial obligations according to regulations.
• After completing financial obligations, the investor will be issued a Land Use Rights Certificate, sign a land lease contract (if land lease is required) and receive land handover on the ground.

2. In case of land allocation without collecting land use fees:

The implementation process is similar to the case mentioned above, but there are no steps related to financial obligations.

3. In cases where land users must pay land use fees or land rent calculated according to specific land prices:

In this case, the implementation process needs additional steps to determine specific land prices:

• After the decision to allocate or lease land is made, the land management agency organizes the determination of specific land prices.
• The Chairman of the Provincial People’s Committee issues a decision approving specific land prices.
• The next steps are similar to the case of land use fees and land rent calculated according to the land price list.

Document components for these cases include:

• Application for land allocation (Form No. 02a) according to Decree No. 102/2024/ND-CP.
• Document approving the investor selection results from a competent state agency in accordance with the law on bidding (certified copy or attached original for comparison).

The time limit for resolving land allocation procedures through bidding is no more than 20 days for normal areas and no more than 30 days for mountainous areas, border areas, islands, and areas with difficult socio-economic conditions. Applicants need to comply with regulations on application components to ensure procedures are resolved quickly and effectively.

The result of carrying out the procedure is also a land allocation decision or land lease decision according to the prescribed form. This is an important legal basis for the winning investor to conduct investment activities and project implementation in accordance with the law.

>>>See more: Auction process for land use rights to implement investment projects.

Consulting services on procedures for applying for land allocation to implement investment projects at Long Phan Consulting Company

Long Phan Consulting Company provides professional consulting services on procedures for applying for land allocation to implement investment projects with a team of experienced legal experts. We have a deep understanding of land laws and administrative procedures related to land allocation and land lease for project implementation.

Long Phan Consulting Company’s services include:

• Consulting on legal regulations related to land allocation and land lease.
• Support in preparing complete land allocation and land lease application documents according to regulations.
• Investor representatives contact competent state agencies.
• Monitor the progress of document processing and promptly handle arising problems.
• Consulting on financial obligations related to land allocation and land lease.
• Support procedures for granting land use rights certificates.

With professional knowledge and practical experience, Long Phan Consulting Company is committed to supporting customers in completing procedures for applying for land allocation to implement investment projects quickly, effectively and in accordance with the law. We always accompany investors throughout the process of implementing procedures, helping to save time, costs and minimize legal risks for investment projects.

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

Below are some frequently asked questions, please refer to:

How is the land allocation and land lease term for investment projects regulated?

The term of land allocation and land lease for investment projects is determined according to the provisions of the Land Law. Normally, the maximum term is 50 years for normal investment projects and can be up to 70 years for investment projects in areas with difficult socio-economic conditions or projects with large investment capital. The specific time limit will be stated in the land allocation or land lease decision.

What should investors do when their land allocation application is rejected?

When the land allocation application is rejected, the investor has the right to complain according to the provisions of the Law on Complaints. Specifically, investors need to submit a complaint to the agency that issued the refusal decision within 90 days from the date of receipt of the decision. If they do not agree with the results of resolving the first complaint, the investor can make a second complaint to the immediate superior agency or initiate an administrative lawsuit in court according to the law.

Is the procedure for changing land use purpose to implement an investment project different from the procedure for applying for land allocation?

The procedure for changing land use purposes has many similarities but is still different from the procedure for requesting land allocation. In the case of changing land use purposes, the investor already has the right to use the land but needs to change the purpose of use to suit the investment project. The dossier for changing land use purposes includes the application for changing land use purposes, the existing land use right certificate, and documents related to the investment project. The processing time is similar to the procedure for requesting land allocation.

What environmental conditions does an investment project need to meet when applying for land allocation?

When applying for land allocation to implement an investment project, the investor must meet the conditions on environmental protection according to the provisions of the Law on Environmental Protection. Depending on the scale and nature of the project, investors may be required to carry out an environmental impact assessment (EIA), a detailed environmental protection plan, or a simple environmental protection plan. The EIA report must be approved by the competent authority before land is allocated or leased.

What restrictions do foreign investors have when applying for land allocation in Vietnam?

Foreign investors are only allowed to lease land in Vietnam, and are not allowed to allocate land with land use fees like domestic organizations. According to the provisions of the Land Law and Law on Investment, foreign investors are restricted from investing in some special areas such as border areas, islands, and areas that affect national defense and security. Land leasing by foreign investors must also comply with regulations on foreign ownership ratio and land lease term.

When must investors fulfill their financial obligations after the decision to allocate land?

After the decision to allocate or lease land, the investor must fulfill its financial obligations within 30 days from the date of receiving notice of payment of land use fees or land rent from the tax authority. In case the amount to be paid is large, the investor can request to pay in installments, but must ensure the first payment is at least 50% of the total amount to be paid according to regulations.

In what cases is the recovery of land allocated for investment projects carried out?

Land allocated to an investment project may be revoked in the following cases: the investor voluntarily returns the land; The investor does not put the land into use within 12 months or the land use progress is 24 months behind the progress recorded in the investment project; Investors use land for improper purposes; Investors violate land laws; Land recovered by the State for purposes of national defense, security or national or public interests.

Conclude

Customers who need support with procedures for applying for land allocation to implement investment projects, do not hesitate to contact Long Phan Consulting Company via the hotline 0906735386. Our team of experts is ready to provide appropriate solutions, comprehensive support from preparing documents to completing land receipt procedures, helping your project to be implemented on schedule and in compliance with legal regulations.