Foreign Company Can Buy Land or Rent Land Beside Industrial Park?

Law firm in Hanoi on land, real estate, housing legal consultation is willing to support.

Law firm in Hanoi on land, real estate, housing legal consultation is willing to support.

Question:

“Dear Dragon Law Firm,

I have called to your law firm to get lawyer’s advice for building pure water investment. Foreign enterprise buy or rent land in Vietnam. Now, We want to enlarge our investment to produce pure water investment.

- Can we buy or rent land beside industrial parks?

- The procedure and the document?

- The time for performing?

- The fee of lawyer?

Thanks and best regard!”

Answer:

Thanks for your question, for your matter, the best lawyer in real estate, Dragon Law, offers some consultations for you as follows:

1. About land:

Now, enterprise having foreign investment uses land to carry out investment project following provisions:

- Leasing or subleasing land in industrial parks, hi-tech zones, economic zones. (Article 149, Article 150, Article 151 Law on Land 2013)

- State assigns or leases land. State leases land (cleared ground or organizations are managing ground that does not have to clear) for execution of investment projects for agricultural production, forestry, aquaculture, salt making; land for non-agricultural production or business; land for construction public works for business purposes, land for executing house for lease investment project ( Article 8, Clause 1 Article 52; Point dd, Clause 1, Article 56 Law on Land 2013).

State assigns land to execute house for sale or sale and lease (Article 8, Clause 1 Article 52; Clause 3 Article 55 Law on Land 2013).

- Receive capital contributed with the land use rights of economic local organization to set up joint venture (Point e Clause 1, Article 169 Law on Land  2013).

- Receipt of transfer of land use rights to perform non-agricultural production and business project (Point b, Clause 1, Article 169 Law on Land 2013).

- Receipt of transfer of investment project according to the provision of law on investment and real estate business.

- Use land through enterprise transfer, division, merge, acquisition (Article 83 Decree No.43/2014/ND-CP, Article 8, Article 9, Article 10 Circular No.02/2015/TT-BTNMT).

Thus, your Company only rent land on industrial park, export processing zones, hi-tech zones, economic zones or use land in Vietnam through the form of sale and purchase the land use rights with other organizations or individuals.

2. The process, time and documents that you have to prepare:

According to your dossier, the foreign investor had enterprises in Vietnam, when you have new projects, you only have to carry out the procedure of applying Certificate on investment registration for new project.

Nowadays, in Vietnam, the projects will belong to investment capital, the area of using, investment field... to investment policies decided by National Assembly, Prime Minister or provincial-level People’s Committees. The competent agency will directly effect to the procedure, the time to carry out and the document that your Company has to prepare.

Thus, can you please give us more details about the project so that we can give you advice more exactly.

Furthermore, if the investment of pure water project needs to mobilize the outside capital that lead to the increasing Company’s charter capital, you have to modify the Enterprise registration information  in the Certificate of Enterprise registration.

Company can contact to free consultation hotline of the expert lawyer in land: 1900.599.979 to provide more information and give the best consultation or you can go to the Dragon Law firm to be consulted directly by our lawyer.

 Best regards!

 Law firm in Vietnam on real estate.

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 DRAGON LAW FIRM

 Email: dragonlawfirm@gmail.com

 Phone: 1900.599.979

 Head: FL14.6, VIMECO Bldg, Lot E9, Pham Hung, Trung Hoa, Cau Giay, Hanoi

Office: FL4.6, Khanh Hoi Bldg, Lot 2/3C, Le Hong Phong, Ngo Quyen, Hai  Phong