What Papers Do You Need For Land Lease? What Is The Procedure?

At present, apart from house rentals, there are also services available for land rentals to cater to the land utilization requirements of tenants and generate supplementary income for landowners. Nevertheless, it is crucial to approach this matter with caution and have a comprehensive understanding of the legal regulations pertaining to land lease conditions, documentation, and procedures. Then, what papers do you need for land lease? To gain further insights into the contents of land lease documents, refer to the article published by NT International Law Firm.

What papers do you need for land lease? What is the procedure?

Land lease, a crucial aspect of real estate transactions, involves the transfer of land use rights from one party to another for a specified period. To ensure a smooth and legally compliant land lease process, it is essential to understand the conditions, required documents, and registration procedures.

Conditions for Land Lease

As outlined in Clause 1, Article 188 of the 2013 Land Law, individuals seeking to lease land must meet the following conditions:

1. Possession of a valid Certificate: Except for cases specified in Clause 3, Article 186 and Clause 1, Article 168 of the 2013 Land Law, a Certificate is mandatory.

2. Non-disputed Land Status: The land intended for lease should not be involved in any legal disputes or encumbrances.

3. Unencumbered Land Use Rights: The land user’s rights to the land should not be subject to any restrictions or encumbrances that could hinder the lease agreement.

4. Compliance with Land Use Term: The lease agreement must adhere to the specified land use term and comply with all relevant regulations.

Land Lease Documents

The land lease contract, a pivotal document in the process, outlines the terms and conditions of the lease agreement. According to Point b, Clause 3, Article 167 of the 2013 Land Law, the land lease contract does not require notarization or authentication unless:

• One or more parties involved in the transaction is a real estate business organization.

• The parties specifically request notarization or authentication.

Validity of Land Lease Contract

As per Clause 3, Article 188 of the 2013 Land Law, the land lease contract becomes legally valid upon registration in the cadastral book. This registration serves as official recognition of the lease agreement and its terms.

Time Limit for Registration

Clause 6, Article 95 of the 2013 Land Law mandates that land users must complete the registration procedures within 30 days of executing the land lease contract. Failure to register within the specified timeframe may render the contract invalid.

What does a land lease agreement contain?

Land lease agreements, crucial components of real estate transactions, involve the transfer of land use rights from one party to another for a specified period. To ensure a smooth and legally compliant land lease process, it is essential to understand the required documents and their specific purposes.

1. Application for Registration of Changes in Land and Assets Attached to Land (Form No. 09/DK)

This form serves as the primary document for initiating the land lease registration process. It provides essential information about the transaction, including the parties involved, the land being leased, and the terms of the lease agreement.

For households and individuals receiving agricultural land use rights, the total area of transferred rights must be clearly indicated in Point 4, Section I of Form No. 09/DK. This section should specify the area of land being transferred, the total area of agricultural land currently in use due to land use rights transfer, and the breakdown of land use right transfers since July 1, 2007.

2. Contracts and Documents Related to Land Rights Transactions

This category encompasses various documents that substantiate the land rights being transferred or affected by the lease agreement. These may include:

• Contracts for conversion, transfer, lease, sublease, inheritance, or donation of land use rights and ownership of assets attached to land

• Contracts for contributing capital with land use rights and ownership of assets attached to land

• Documents related to the transfer of land use rights and ownership of assets attached to land between husband and wife, adhering to relevant regulations

In cases where a single heir inherits land use rights and ownership of assets attached to land, an application to register the inheritance must be included.

3. Original Issued Certificate

The original Certificate of land use rights and ownership of assets attached to land serves as official proof of ownership. It must be presented to verify the landholder’s authority to enter into the lease agreement.

4. Written Approval for Economic Organizations

Economic organizations receiving transfer, capital contribution, or lease of agricultural land use rights for investment projects require written approval from a competent State agency. This document demonstrates authorization for the organization to engage in such transactions.

5. Land User’s Consent for Asset Transfer

In situations where the owner of assets attached to land intends to transfer, donate, lease, or contribute capital to those assets but is not the land user, a written consent from the land user must be provided. This consent ensures that the land user’s rights are not infringed upon by such actions.

Land Lease Procedures

To ensure a smooth and legally compliant land lease process, it is essential to understand the order and procedures outlined in Article 79 of Decree 43/2014/ND-CP.

Submitting Documents for Land User Rights Exercise

The land user initiates the process by submitting a complete set of documents to exercise the rights of land users and owners of assets attached to land. If exercising land user rights over a portion of the land plot, a separate measurement of the plot is required.

Land Registration Office’s Responsibilities

Upon receiving the documents, the Land Registration Office is responsible for:

1. Checking the documents for eligibility and, if eligible, carrying out the following tasks:

   a) Sending cadastral information to the tax authority for determining and notifying the collection of financial obligations.

   b) Confirming the change content in the issued Certificate according to regulations.

   c) Preparing a dossier and submitting it to the competent authority to issue a Certificate of land use rights, ownership of houses and other assets attached to land for land users.

2. Correcting and updating changes in cadastral records and land database.

3. Awarding the Certificate to the land user or sending it to the Commune People’s Committee for handing over.

Handling Land Donation for Public Works

In cases where a land user donates land use rights to build public works, a document donating land use rights must be drawn up according to regulations. After completing the construction of public works on donated land, the Land Registration Office will measure and adjust changes to cadastral records and land databases, and notify land users to submit issued Certificates to confirm changes.

Inheritance of Land Use Rights

If the person applying for a Certificate dies before receiving it, the heir to the land use rights must submit additional documents on inheritance according to regulations. The Land Registration Office will confirm the inheritance on the signed Certificate or prepare documents to issue a Certificate to the heirs according to regulations.

Selling or Contributing Capital with Assets Attached to Leased Land

If a land user leased from the State sells or contributes capital with assets attached to the leased land, the following procedures apply:

1. Carry out buying and selling and contributing capital with assets attached to land according to the provisions of civil law.

2. Upon receiving the dossier, the Land Registration Office prepares dossiers for the buyer and the party receiving capital contribution to continue renting the land.

3. The Natural Resources and Environment agency verifies the dossier and submits it to the competent People’s Committee for a decision on land recovery.

4. A land lease contract is signed with the buyer, capital contribution is received, and the tax authority is notified of the expiration of the lease contract with the seller or contributor.

5. The Land Registration Office sends land lease contracts to the buyer and recipient of capital contributions, updates cadastral records, and awards the Certificate to the grantee.

Partial Land Plot Transfer

In case of buying, selling, or contributing capital with assets attached to a portion of the leased land plot, procedures for separating the land plot must be carried out before carrying out land lease procedures.

NT International Law Firm has addressed the question of what papers you will need for a land lease and the procedure of leasing land. If you have any further questions or concerns regarding land or real estate, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

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