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05/12/2014
Lease of land for execution of investment projects (the leasers are the Vietnam residing abroad, foreign organizations, foreign individuals)
Fees: | + Fees for certification of land use rights. Fees: 100,000 VND/certificate. + Fees for verification of certification of land use right: ۰Area under 10,000m2: 2,200,000 VND/application ۰Area under 10,000m2 to under 100,000m2: 3,300,000 VND/application ۰Area over 100,000m2: 4,400,000 VND/application | Time to receive and return document | From Monday to Friday (excluding public holidays and weekends): . In the morning: from 7:00 to 11:30; . In the afternoon: from 13:30 to 17:00. | Implementing method: | Directly in Department of Natural Resources and Environment | Number of document | 01 set | Processing time: | No more than 20 working days from the date of receiving eligible application; + Within a period of no more than three (03) working days from the date of receiving valid application, Registration Office of land use rights shall verify the validity of the application. If the application fails to meet requirement for land lease, prepare Sheet for non-valid products to return the application and instruct the land user to re-do the application. If the application meets the requirements, notify Department of Land management for advice on land use demand verification (if any) and Department of Environment protection for guideline for land users to prepare environment documents and at the same time notify land users for their information to contact; + During a period of no more than ten (10) working days from the date of determining as sufficient conditions for land lease: Department of Land management shall consult Department of Natural Resources and Environment to verify land use demand (if any); Department of Environment protection shall guide land user to prepare environment document as per regulation; Registration Office of Land use right shall verify document, perform site visit, submit Director of Department to sign on the document to submit to Provincial People's Committee, transfer the document for price survey, draft contract of land lease; + Within a period of no more than two (02) working days from the date of receiving the decision for land lease, Registration Office of land use right shall transfer price survey document. + Within a period of no more than one (01) working days from the date of receiving decision of land lease unit price, Registration Office of land use right shall notify land user to sign land lease contract. + Within a period of no more than three (03) working days from the date of receiving land lease contract sent by land user, Registration Office of land use right shall submit Director of Department to sign on Land lease contract, certificate and transfer to tax office to determine the land lease amount for the first year. + On the date of receiving the bill sent by land user, Registration Office of land use right shall return the results to the land user. | Implementing objective: | Foreign organizations, individuals, Vietnam residing oversea. | Implementing agencies: | + Competent authority making decision: Provincial People's Committee. + Agency directly performing administrartive procedures: Registration Office of land use right under Department of Natural Resources and Environment. + Coordinating agency: Provincial People's Committee; District People's Committee, Tan An City, District Tax Administration, Tan An City.
| Implementing results: | Land lease decision; land use right certificate, ownership of houses and other assets attached to land; land lease contract. | Requirements, conditions for implementation: | None | Legal basis: | + Land Law on 26/11/2003. + Investment Law on 29/11/2005. + Environmental Protection Act 2005. + Resolution No. 33/2008 / NQ-CP dated 31/12/2008 of the Government on the pilot implementation of some administrative procedures for construction investment in projects on new urban centers, housing projects, infrastructure projects and industrial parks. + Decree No. 108/2006 / ND-CP dated 22/9/2006 of the Government detailing and guiding the implementation of some articles of the Law on Investment on 29/11/2005. + Decree No. 69/2009 / ND-CP dated 13/8/2009 of the Government additional regulations on land use planning, land prices, land recovery, compensation, support and resettlement. + Decree No. 88/2009 / ND-CP dated 19/10/2009 of the Government on the certificate of land use rights and ownership over houses and other assets attached to land, housing and property rights other assets attached to land. + Circular No. 01/2005 / TT-BTNMT dated 04.13.2005 of Ministry of Natural Resources and Environment guiding the implementation of some articles of Decree No. 181/2004 / ND-CP dated 29/10/2004 by the Government on the implementation of the Land Law. + Joint Circular 30/2005/TTLT/BTC-BTNMT dated 18/4/2005 by Ministry of Finance, Ministry of Natural Resources and Environment guiding the transfer of documents from land users performing financial obligations. + Circular No. 17/2009 / TT-BTNMT dated 21/10/2009 of the Ministry of Natural Resources and Environment regulations on certificates of land use rights and ownership over houses and other assets attached to land. + Circular No. 14/2009 / TT-BTNMT 01/10/2009 by the Ministry of Natural Resources and Environment Detailed regulations on compensation, support and resettlement and procedures of land acquisition, land allocation, land lease. + Circular No. 20/2010 / TT-BTNMT dated 22/10/2010 of the Ministry of Natural Resources and Environment supplementing provisions of the certificate of land use rights and ownership over houses and other assets attached to land. + Circular No. 28/2011 / TT-BTC dated 28/02/2011 of the Ministry of Finance guiding the implementation of some articles of the Law on Tax Administration, guiding the implementation of Decree No. 85/2007 / ND-CP dated 25/5/2007 and Decree No. 106/2010 / ND-CP of the Government dated 28/10/2010. + Decision No. 43/2012 / QD-dated 08/10/2012 of the provincial People's Committee of Long An on the issuance of charges, fees and percentage (%) retained from fees and charges in Long An province. + Decision No. 21/2010 / QD-PPC dated 02/7/2010 of Long An province about working on Saturday to take over, settle administrative procedures. | Implementing process: | + Step 1: Prepare sufficient document as set out in components and number of document sets (prepared by land users) Applications shall be submitted to Files Receiving and Results Returning Division of Long An Department of Natural Resources and Environment (Address: No. 137, NR 1, ward 4, Tan An City, Long An province; Tel: 072 3524111). + Step 2: Receiving and processing files. - Receiving files: the officials check the legality of files. . Where records are complete, valid, write a receipt and give to the applicant, transfer the file to the handling department; . For insufficient files, or invalid files, the dossier-receiving officials provide instructions to the applicant to timely rework. - Files handling: By Office of Registration of land use rights under the Department of Natural Resources and Environment. + Step 3: Returning certificates at Files Receiving and Results Returning Division: . Recipients of file results shall return the receipt to the officials for them to return the results. . Civil servants return the results of checking the bills that are done with financial liabilities and instruct the recipients to pay fees, charges for certification at financial division of Land use registration office of the Department of Natural Resources and Environment; . Civil servants return checking results of fee paying bills and request the recipients to sign in the file handling book. Note: Recipients must show their identity card or passport. In case the recipients are not the legal representatives, they must have a referral or authorization letter. | Application components: | + Application letter for land lease (Form 04/ĐĐ, 02 orginals); + Business registration certificate or investment certificate or Decision to establish the organization (2 notarized copies or 02 copies attached to the original for comparison); + Document by State competent authority approving the investment or investment location agreement (02 copies); + Investment projects or investment projects with registered investment or investment certificate (02 originals or 02 notarized copies) . Investment projects: For domestic investment projects with investment capital under fifteen billion VND and not belonging to List of condition-attached investment fields. . Investment projects with registered investment: For domestic investment projects with investment capital from fifteen billion VND to under three hundred billion VND or projects having foreign investment with investment capital under three hundred billion VND and not belonging to List of condition-attached investment fields. . Investment certificate: For domestic investment projects, foreign investment project with capital from three hundred billion VND and projects under the List of condition-attached investment projects. For mineral inspection, exploitation projects: Permit for mineral inspection, exploitation, land exploitation permit (01 notarized copy or 01 copy attached to the original for comparison); + Land area survey extract (03 originals and 02 copies); + Declaration of land lease fee (Form 01/TSDĐ, 01 orginal); + Registration fee declaration of houses, land (Form 01/LPTB, 01 original); Notes: For investment projects building Industral zones, industrial clusters, economic zones, high-tech parks, residential areas: Investor shall submit Decision approving detailed planning (03 notarized copies or 03 copies attached to the original for comparison) together with their applications. |
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