According to the Government Electronic Information Portal, a reader in Quang Tri requested guidance on issuing Certificates of land use rights (red books), ownership of assets attached to land for businesses to lease land in industrial parks.
According to the reflected content, an investor who is the investor of the industrial park infrastructure project has been granted a Certificate for the entire project land area based on the 1/2,000 scale construction plan.
Readers quoted Clause 2, Article 143 of the 2024 Land Law, accordingly, land assigned to investors to implement production and business projects including many parts of the area with different purposes of use is granted a Certificate for the entire area.
The Certificate must clearly state the location and area of land according to each purpose of use. In case the investor has a need, the competent authority can issue a Certificate for each land plot, according to each purpose of use and in accordance with the approved detailed construction plan.
Another business is planning to lease a land plot belonging to the above project. Readers ask, when issuing Certificates for businesses to lease land, do functional agencies have to base it on the approved detailed construction plan?
Land use must be in accordance with planning
Answering this question, the Ministry of Agriculture and Environment said that the reflected content is related to a specific case, under the jurisdiction of local functional agencies.
Due to not having complete dossiers and related information, the Ministry of Agriculture and Environment does not have a specific basis for answering but only provides guidance on the principles of applying the law.
According to Article 202 of the 2024 Land Law, the management and use of land in industrial parks and clusters, including concentrated information technology parks, must be in accordance with the planning, land use plans and construction plans approved by competent authorities.
Clause 5, Article 202 of the Land Law also stipulates the rights and obligations of land leasers attached to infrastructure in industrial parks.
Cases where a new Certificate must be issued
The Ministry of Agriculture and Environment said that people leasing or subleasing land use rights from investors who are allocated land or leased land by the State for construction and business of infrastructure may be in the case of registering land and asset changes attached to land.
In case of registration of changes, a new Certificate must be issued, which is implemented according to Article 23 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government. This Decree stipulates basic land investigation; registration, issuance of Certificates and Land Information System.
The authority, order and procedures for implementation are prescribed by the Provincial People's Committee according to Article 14 and Article 15 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government.
Decree No. 49/2026/ND-CP detailing and guiding a number of articles of Resolution No. 254/2025/QH15 on mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law.
The Ministry of Agriculture and Environment requests people and businesses to contact competent authorities in the locality for land lease dossiers to be considered and resolved according to legal regulations.
