Foreign-invested enterprises intend to rent estate in Vietnam for projects that are not required to submit for approval of a competent state agency or not have to issue an investment certificate or not require to formulate a work construction investment project, but wondering about detailed procedures. T2H Lawyers would like to help your enterpries have information about PROCEDURES FOR FOREIGN ENTERPRIES TO RENT REAL ESTATE IN VIETNAM.
A.The order of execution:
1.The Department of Natural Resources and Environment shall submit for decision on land allocation or lease to the Province People’s Committee.
2.Land users shall pay Land use levy to the State when being allocated land with land use levy by the State.
3.The Department of Natural Resources and Environment shall submit for decision on granting Certificate of land use rights and ownership of houses and other landattached assets to the Province People’s Committee.
4.The Department of Natural Resources and Environment shall organize land allocation and award the Certificate of land use rights and ownership of houses and other landattached assets for the land user.
5.The Department of Natural Resources and Environment shall direct for updating, readjusting land database, administrative boundary records.
B.Components of the dossier:
+ Applications for land allocation, land lease;
+ Excerpts of cadastral maps or extracts of cadastral measurements of land areas;
+ A copy of investment project’s explanations written;
+ A copy of economic – technical report;
+ Writtens of appraising the land use demand;
Or Writtens of appraising conditions for: Land allocation, land lease in case the land allocation, land lease’s purpose is to excute investment project to build houses for sale or lease or both sale and lease in accordance with the housing law; Investment projects to deal in real estate associated with land use rights in accordance with the law on real estate business; Production or business projects not funded by the state budget.
C.The implementing agencies:
The Department of Natural Resources and Environment, the Province People’s Committee.
D.The time limit:
– Within 3 days after receiving an incomplete or invalid dossier, the dossier-receiving and -processing agency shall notify and guide the person submitting the dossier to supplement the dossier under regulations.
– The time limit: within 20 days.
The time limit excludes weekends and public holidays prescribed by law, the time for ground clearance; time for receipt of dossiers at the commune-level authorities, time for fulfillment of financial obligations of land users, time for consideration and handling of cases of unlawful land use and solicitation of expert opinions.
For communes in mountainous, island, deep-lying and remote areas and areas with difficult socio-economic conditions or extremely difficult socio-economic conditions, the time limit shall be extended by 10 days.
Caution: Each province could request for more documents than that listed in the dossier above.
Contact T2H Lawyers for more information.
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