Accordingly, short-term land lease applies to land plots managed by the Hanoi Land Fund Development Center and the Land Fund Development Center under the People's Committees of districts, towns and cities while waiting for competent authorities to decide on land allocation and long-term land lease according to the provisions of the Land Law.
The land plots included in the lease must meet the following conditions: Not included in the approved annual land use plan, completed site clearance and directly managed by the Land Fund Development Organization. The exploitation of this land fund aims to take advantage of land resources, avoiding waste while waiting for official planning.
According to regulations, short-term land lease must ensure compliance with conditions on fire prevention, fire fighting, environmental protection, traffic and public order. The starting price for lease will be calculated according to the unit price for land lease with the same purpose of use issued by the City People's Committee. Land rent can be paid annually or once, depending on the land lease period stipulated in the contract.
In case there is an existing construction on the land, the land rental price will be calculated based on the ratio of the remaining construction quality, multiplied by the construction unit price, then allocated to the total land rental price.
According to the contract, the land lessee must complete the payment of the rental fee and deposit within 3 days from the date of signing. After that, the Land Fund Development Organization will hand over the land on site, make a record with the participation of relevant parties and representatives of the People's Committee at the commune level.
The short-term land rental deposit is at least 20% of the contract value and will be refunded after deducting the cost of demolition of the project or violations. When the lease term expires, the land lessee can extend the lease if no other project has been approved and has fully fulfilled its obligations under the contract. The maximum extension period is 1 year, not more than 5 consecutive times.
In case the contract expires or is terminated before the deadline due to planning and socio-economic development, the leasing organization will be refunded the rental amount corresponding to the unused period. The lessee is responsible for demolishing the construction on the land within 10 days after the contract is terminated. Otherwise, the Land Fund Development Organization will forcibly demolish and deduct the deposit.
Land development organizations are responsible for periodic monitoring and inspection, reporting on land use, and at the same time adjusting land rental prices in accordance with the regulations of the City People's Committee. Land lessees must use the land for the right purpose, not re-lease, protect assets attached to the land and fully fulfill financial obligations.
In addition, departments, branches and local authorities are responsible for guiding and inspecting the implementation of the above regulations, ensuring effective land use. If problems arise, the Department of Agriculture and Environment will preside over the proposal for appropriate adjustments.