ATTENTION FOR ENTERPRISES UPON RECEIVING LAND USE RIGHTS TRANSFER?

In order for the process of receiving land use rights transfer smoothly and legally, enterprises need to clearly understand the specific regulations and requirements. This will help enterprises avoid legal risks and ensure legal rights during as well as after receiving land use rights transfer. Then, what do enterprises need to pay attention to when implementing this procedure?

Are all enterprises entitled for receiving land use rights transfer?

Enterprises (or by extension, economic organizations) receiving land use rights transfer are regulated as follows:

– Economic organizations are entitled to receive land use rights transfer;

– Economic organizations with foreign investment are entitled to receive land use rights transfer in industrial parks, industrial clusters, and high-tech zones.

What conditions must be satisfied for transferred land use rights?

According to current law, land users can transfer land use rights when fully meeting the following conditions:

– Having a Certificate of land use rights or Certificate of house ownership and residential land use rights or Certificate of land use rights, ownership of houses and other assets attached to land or Certificate of land use rights land use, ownership of assets attached to land.

Except for the case of economic organizations with foreign investment capital receiving transfer of real estate projects according to the provisions of law on real estate business; some cases encourage agreements on receiving land use rights to implement socio-economic development projects;

– The land is not being in dispute or the dispute has been resolved by a competent state agency, the judgment or decision of the Court, or the decision or award of the Arbitration with legal effect.

Compared with the previous regulations, the laws have expanded the legal corridor, allowing disputed land to be included in transfer transactions, however, conditions on dispute resolution progress must be met.

– Land use rights are not distrained, other measures are applied to ensure judgment enforcement according to the provisions of the law on civil judgment enforcement;

– Within the land use term;

– Land use rights are not subject to temporary emergency measures according to the provisions of laws.

Are economic organizations receiving transfer of agricultural land use rights required to have a land use plan?

To ensure the correct and effective use of land, the law sets requirements on agricultural land use plans for economic organizations receiving land use rights transfer, including the following contents:

– Location, area, land use purpose;

– Agricultural production and business plans;

– Investment capital;

– Term of land use;

– Land use progress.

The above land use plan must be approved by the district People’s Committee.

Will a land use rights transfer contract be required notarization?

Notarization and authentication of contracts and documents exercising the right to transfer land use rights are performed as follows:

– Contracts for transfer of land use rights, land use rights and assets attached to land must be notarized or authenticated, except for the following cases;

– Contract for transfer of land use rights and assets attached to land, assets attached to land in which one party or parties participating in the transaction is a real estate business organization is notarized or authenticated under requirement of the parties.

In what cases is an enterprise not allowed to receive land use rights transfer?

In order to ensure national defense and environmental security issues, the law excludes cases where economic organizations receive land use rights transfer as follows:

– Economic organizations are not allowed to transfer the rights to use protective forest land or special-use forest land from individuals, except in cases where the land use purpose is changed according to the planning or land use plan approved by the competent authority. approval authority;

– Economic organizations with foreign investment capital that are not allowed by law to receive transfer or donation of land use rights.

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