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How to Issue Land Use Rights Certificates for Sub-Lessees

How to Issue Land Use Rights Certificates for Sub-Lessees

The issuance of land use rights certificates for sub-lessees in Vietnam has specific guidelines as outlined by the Ministry of Agriculture and Rural Development. This process is particularly relevant for investors who lease land for industrial projects.

According to the 2024 Land Law, when a primary investor is granted a land use rights certificate for a project that includes various land use purposes, a single certificate can be issued for the entire area. This certificate must detail the location and size of each specific land use as per the approved construction plan.

In a recent inquiry, an investor asked whether sub-lessees must adhere to the approved detailed construction planning when obtaining their land use rights certificate. The Ministry clarified that this situation falls under the jurisdiction of local authorities, and thus, they could not provide a specific answer. However, they emphasized that the management and use of land in industrial zones must align with the approved land use plans.

Furthermore, the law stipulates that sub-lessees who lease land from primary investors must register changes in land use and obtain new certificates as required by the law. The local government, specifically the provincial People's Committee, is responsible for establishing the procedures and authority for these transactions.

For investors and businesses looking to navigate this process, it is crucial to consult with local authorities to ensure compliance with all regulations and to facilitate the issuance of the necessary certificates.

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