A resident in Vinh Long reflected that, according to the 2013 Land Law, when a company voluntarily receives land use rights transfer to implement a socio-economic development project, is it necessary to carry out land lease procedures at a state agency or not.
Answering this content, the Ministry of Agriculture and Environment said that the 2013 Land Law has stipulated a number of contents related to receiving land use rights transfer to implement socio-economic development projects in Article 57, Article 58, Clause 1, Article 59, Point c, Clause 1, Article 99, Clause 6, Article 150, Clause 7, Article 151, Point b, Clause 1, Article 169, Article 191 and Article 193.
The above clauses are guided in Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government detailing the implementation of a number of articles of the Land Law. This Decree has been amended and supplemented in Decrees No. 01/2017/ND-CP, 148/2020/ND-CP and 10/2023/ND-CP.
According to the Ministry of Agriculture and Environment, based on the above regulations, economic organizations wishing to receive land use rights transfer to implement projects must meet the conditions specified in Article 73 and Article 193 before carrying out procedures for receiving land use rights transfer.
For cases where companies voluntarily receive land use rights transfer to implement socio-economic development projects, the Ministry of Agriculture and Environment said that businesses must comply with the provisions of law on investment and other relevant specialized laws.
At the same time, whether or not to carry out land lease procedures depends on the land use purpose of the project compared to the land use purpose recorded on the Certificate of Land Use Rights.
Specifically, in case the project uses land for the right purpose on the Certificate of Land Use Rights already available due to receiving transfer, it is not necessary to carry out the order and procedures for land lease.
Conversely, in case the project uses land for other purposes on the Certificate of Land Use Rights already available due to receiving transfer, procedures for changing land use purposes must be carried out at state agencies to the land use purpose of the project.
The Ministry of Agriculture and Environment also said that because the reflected content has not clearly stated the current state of land use, land use needs when implementing the project, the scale and objectives of the project, there is not enough information to provide detailed guidance.
Therefore, people need to check the transfer status of the project, compare it with legal regulations to determine whether or not land procedures must be carried out at state agencies for the land that the company has received transfer.
