Procedures for requesting adjustments to land lease decisions to implement projects

Procedures for requesting adjustments to land lease decisions to implement projects is a necessary step when there is a change in scale, goals, term or form of land lease. Implementing correct procedures helps ensure legality and compatibility with the actual situation of project implementation, while also creating favorable conditions for subsequent licensing, stabilizing land use rights and maintaining long-term investment efficiency.

Authority to adjust land lease decisions to implement projects

Depending on whether the land user is an organization or a household or individual, the authority to adjust land lease decisions for project implementation will be different. Specifically as follows:

For land users who are organizations

According to subsection 8, Section B on provincial-level administrative procedures in Decision 629/QD-BTNMT, the Provincial People’s Committee is the agency with the authority to decide on adjustments to land lease decisions for land users who are domestic organizations, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad, economic organizations with foreign investment capital and foreign organizations with diplomatic functions.

In addition, this subsection also stipulates that the agency directly implementing administrative procedures is the agency with the function of provincial land management. Coordinating agencies in the process of carrying out procedures include the Land Registration Office or Land Registration Office Branch and the Tax Authority.

Thus, the Provincial People’s Committee will have the authority to issue a decision to adjust the land lease decision for domestic organizations leasing land to implement the project.

For land users who are individuals and households

According to subsection 6, Section C on district-level administrative procedures in Decision 629/QD-BTNMT, the district-level People’s Committee is the agency with authority to decide on adjustments to land lease decisions for land users who are households and individuals.

In addition, this subsection also clearly stipulates that the agency directly implementing administrative procedures is the agency with district-level land management function. Coordinating agencies in the process of carrying out procedures include the Land Registration Office or Land Registration Office Branch and the Tax Authority.

Thus, the District People’s Committee will have the authority to issue a decision to adjust the land lease decision for individuals and households leasing land to implement the project.

>>>See more: Conditions for enterprises to sublease land leased from the state.

Procedures for requesting adjustments to land lease decisions to implement projects

Procedures for requesting adjustments to land lease decisions to implement projects for each subject are also different as follows:

For land users who are organizations

The order of implementing procedures for requesting adjustments to land lease decisions for organizations is specified in detail in subsection 8, Section B on provincial-level administrative procedures of Decision 629/QD-BTNMT. Specifically as follows:

Step 1: The land user submits an application to adjust the land lease decision according to Form No. 02d in the Appendix issued with Decree No. 102/2024/ND-CP to the agency receiving the documents and returning the results through the following forms decided by the Provincial People’s Committee:

• Directly at the One-Stop Department according to regulations of the District People’s Committee on receiving documents and returning results of administrative procedures at provincial, district and commune levels;
• Through public postal services;
• Submit on the provincial public service portal or the provincial administrative procedure information system in cases where the original application is not required;

Step 2: Provincial-level land management agency:

• 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 cases where the dossier is complete and valid;
• Instruct the applicant to re-do the dossier or supplement the dossier and resubmit it to the agency with land management functions in case the dossier is incomplete or invalid;
• Review and check documents;
• Field inspection.

Step 3: The agency with the function of land management at the provincial level completes the dossier and submits it to the Provincial People’s Committee to issue a decision to adjust the decision on land allocation, land lease, and permission to change land use purposes.

Step 4: The Provincial People’s Committee considers issuing a decision to adjust the decision on land allocation, land lease, and permission to change land use purposes. In cases where land users must pay land use fees or land rent calculated based on specific land prices, the following additional steps need to be taken:

• After issuing the decision to adjust the land allocation decision, the Provincial People’s Committee sends it to the agency with land management function at the provincial level to organize the determination of specific land prices according to its own order for determining specific land prices.
• The agency with the function of land management at the provincial level organizes the determination of specific land prices and submits them to the Chairman of the Provincial People’s Committee to issue a decision approving the specific land price according to the provisions of law on land prices with content on the responsibilities of tax authorities in guiding land users to pay land use fees and land rents according to the provisions of law on land use fees and land rents.
• The Chairman of the Provincial People’s Committee shall consider issuing a decision approving specific land prices.

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

Step 6: The tax authority determines the land use fee and land rent payable according to regulations and issues a notice of payment of land use fee and land rent to the land user.

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 function at the provincial level.

Step 9: 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; Sign a land lease contract in case the State leases land; Organize land handover on the ground and hand over Certificates to land users.

Final step: The Land Registration Office or Land Registration Office Branch is responsible for updating and adjusting the land database and cadastral records.

Note: In case of land use in the case of land allocation without collection of land use fees, steps 5, 6, 7, 8 do not need to be performed.

Main dossier components for the above cases include:

Application for adjustment of land lease decision according to Form No. 02d in the Appendix issued with Decree No. 102/2024/ND-CP dated July 30, 2024.

For land users who are individuals and households

The order of implementing procedures for requesting adjustments to land lease decisions for individuals and households is also detailed in STT 6, Section C on district-level administrative procedures of Decision 629/QD-BTNMT. Similar to the organization, this sequence includes the following steps:

Step 1: The land user submits an application to adjust the land lease decision according to Form No. 02d in the Appendix issued with Decree No. 102/2024/ND-CP to the agency receiving the documents and returning the results through the following forms decided by the Provincial People’s Committee:

• Directly at the One-Stop Department according to regulations of the District People’s Committee on receiving documents and returning results of administrative procedures at provincial, district and commune levels;
• Through public postal services;
• Submit on the provincial public service portal or the provincial administrative procedure information system in cases where the original application is not required;

Step 2: Agencies with district-level land management functions:

• 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 cases where the dossier is complete and valid;
• Instruct the applicant to re-do the dossier or supplement the dossier and resubmit it to the agency with land management functions in case the dossier is incomplete or invalid;
• Review and check documents;
• Field inspection;

Step 3: The agency with district-level land management function completes the dossier and submits it to the district-level People’s Committee to issue a decision to adjust the decision on land allocation, land lease, and permission to change land use purposes.

Step 4: The district-level People’s Committee considers issuing a decision to adjust the decision on land allocation, land lease, and permission to change land use purposes. In cases where land users must pay land use fees calculated based on specific land prices, the following additional steps must be taken:

• The district-level People’s Committee sends the decision to adjust the land allocation decision to the agency with land management function at the district level to organize the determination of specific land prices according to its own order of determining specific land prices;
• The agency with district-level land management function organizes the determination of specific land prices and submits them to the Chairman of the District People’s Committee to issue a decision approving specific land prices in accordance with the law on land prices, with content on the responsibilities of tax authorities in guiding land users to pay land use fees and land rents according to the provisions of law on land use fees and land rents;
• The Chairman of the District People’s Committee shall consider issuing a decision approving specific land prices.

Step 5: The district-level land management agency transfers the land plot’s cadastral information to the tax authority.

Step 6: The tax authority determines the land use fee and land rent payable according to regulations, issues a notice of payment of land use fee and land rent to the land user.

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 function at district level.

Step 9: The agency with district-level land management function submits to the competent authority to sign and issue the Certificate; Transfer documents to the Land Registration Office or Land Registration Office branch; Sign a land lease contract in case the State leases land; Organize land handover on the ground and hand over Certificates to land users.

Final step: The Land Registration Office or Land Registration Office Branch is responsible for updating and adjusting the land database and cadastral records.

Note: For cases where land users are allocated land without collecting land use fees, they do not need to perform steps 5, 6, 7, and 8.

Thus, depending on each land user, the process and procedures for requesting adjustments to the land lease decision to implement the project will be different.

>>>CLICK DOWNLOAD NOW: APPLICATION FOR ADJUSTMENT OF LAND LEASE DECISION 2025.

>>>See more: Procedures for transferring investment projects associated with leased land.

Consulting services on procedures for requesting adjustments to land lease decisions to implement projects at Long Phan Consulting Company

Consulting services on procedures for requesting adjustments to land lease decisions at Long Phan Consulting Company provide comprehensive solutions for businesses and individuals implementing projects. Long Phan Consulting Company provides main services including:

• Consulting on conditions and grounds for adjusting land lease decisions;
• Support in drafting dossiers requesting adjustments according to the correct form;
• Authorized representative of customers working with authorities;
• Monitor the progress of processing documents and resolve problems that arise during the implementation of procedures.

With the motto “Give trust – Receive solutions”, Long Phan Consulting Company is committed to providing professional, fast and effective services.

Some frequently asked questions about procedures for requesting adjustments to land lease decisions for project implementation

We would like to provide some common questions about adjusting land lease decisions to implement projects. Please refer!

What is the role of the Land Registration Office in the process of adjusting land lease decisions?

The land registration office is responsible for providing land information from the land database, preparing an extract of the cadastral map of the land plot and updating land registration records after the decision to adjust land lease.

Are there any fees or financial obligations related to the procedure to change the land lease decision?

Yes, there may be administrative fees associated with processing the application and potential adjustments to land rent or land use fees depending on the nature of the change.

What are the rights and responsibilities of land users during the process of changing the land lease decision?

Land users have the right to be informed of the progress of their application and are responsible for providing accurate and complete documentation as requested.

Can land users appeal the adjusted land lease decision if they do not agree with it?

Yes, if the land user does not agree with the adjusted decision, they have the right to file a complaint or initiate an administrative lawsuit according to the provisions of the law on complaints, denunciations and the law on administrative proceedings.

Besides the application, what other documents may be needed when wanting to amend a land lease decision?

Depending on each specific case, additional documents may include the initial land lease decision, project documents, environmental impact assessment reports, financial statements or other related licenses and approvals.

Above are some answers to your questions about adjusting the decision to lease land to implement the project.

Conclude

Procedures for requesting adjustments to land lease decisions to implement projects require understanding of land law and practical experience. Please contact Long Phan Consulting Company immediately via the hotline 0906735386 to receive detailed advice and effective support from a team of experts. We are committed to accompanying customers from the stage of preparing documents to completing procedures for adjusting land lease decisions.