Question:

I'm Hien, from Seogwoo Vietnam. I have been recommended by my friends to the Dragon Law Firm. So I called the office this morning to get a lawyer to advise on the construction of pure water plant.

In this online consulting email, I sent:

1. Investment certificate

2. Enterprise registration certificate.

Content required to advise: Currently, we are seeking to expand investment in a new field of pure water production.

- Regarding land: Should I buy or rent land outside the industrial zone?

- What are procedures and documents to be prepared?

- Execution time?

- Cost of hiring a lawyer?

We hope to hear from the good lawyers at Dragon Law Firm

Thank you very much.

Answer:

The Dragon Law Firm online land law consultancy team answers your questions as follows:

1. Land issues: Is it possible to buy or rent land outside industrial zones?

Currently, foreign-invested enterprises are allowed to use land in Vietnam to implement investment projects according to the following mechanism:

-Land lease, sublease in industrial parks, export processing zones, hi-tech parks, economic zones (Article 149, Article 150, Article 151 of the Land Law).

-State allocates or leases land. Specifically, the State leases land (land that has been cleared of land or land under management of the organization not on site clearance) to implement investment projects in agriculture, forestry, aquaculture, salt making; non-agricultural production and business land; land for construction of public facilities for business purposes, land for executing housing investment projects for lease (Article 8, Clause 1, Article 52; Point dd, Clause 1, Article 56 of the Land Law). The State allocates land to implement housing projects for sale or for sale in combination with lease (Article 8, Clause 1, Article 52; Clause 3 Article 55 of the Land Law).

-Receiving capital contributions with land use rights of domestic economic organizations to establish joint-venture enterprises (Point e, Clause 1, Article 169 of the Land Law).

-Receiving the transfer of investment capital as the value of land use rights to execute non-agricultural production and business projects (Point b, Clause 1, Article 169 of the Land Law).

-Receive transfer of investment projects in accordance with the law on investment, the law on real estate business.

-Land use through company conversion, division, consolidation, or merger of enterprises (Article 83 of Decree No. 43/2014 / ND-CP; Article 8, Article 9, Article 10 of Circular No. 02/2015 / TT-BTNMT).

Accordingly, your Company may only lease land in industrial parks, export processing zones, hi-tech parks, economic zones or land use in Vietnam in one of the above forms but cannot receive the transfer right. land use rights in Vietnam through the purchase and sale of land use rights with other organizations and individuals.

2. Process, time and documents the lawyer office advises you to prepare.

According to the documents you have provided, the investor has established a business in Vietnam, when there are more projects, they just follow the procedures to apply for a certificate of investment registration with the new project.

Currently in VietNam, investment projects will depend on investment capital, area of ​​use, field of investment ... to decide investment policy by the National Assembly, the Prime Minister or the provincial People's Committee (city).   Which agency decides the investment policy will also directly affect the process, implementation time and documents that your company needs to prepare. Therefore, we suggest that you provide more detailed information about the project so that we can advise accurately.

At the same time, it should be further noted that if the investment in pure water project needs to raise additional external capital, that leads to the Company wishing to increase its charter capital, thay needs to carry out more procedures to adjust business registration information in the Business Registration Certificate.

At the same time, it should be further noted that if the investment in pure water project needs to raise additional external capital, which leads to the Company wishing to increase its charter capital, it also needs to carry out more procedures to adjust business registration information in the Business Registration Certificate.

Please contact the toll free legal advice center of the land attorney 1900.599.979 to provide more information and get detailed legal advice or you can visit the our office directly. Our attorneys will consult directly for you.

For more detail, kindly contact to Dragon Law at:

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