Industrial cluster land means land for construction of industrial clusters, industrial parks, export processing zones and other concentrated production and business zones with the same land use regime. To better understand the legal regime on management and use of industrial park land, readers can refer to our article below.
LEGAL GROUNDS
Land Law 2013
Investment Law 2020
CONSULTING CONTENT
1. What is industrial land?
According to Clause 16, Article 3 of the Investment Law 2020, stipulates: "An industrial park is an area with a definite geographical boundary, specializing in the production of industrial goods and the provision of services for industrial production."
Industrial parks include many different types, including: Export processing zones, supporting industrial parks, ecological industrial parks (hereinafter referred to as industrial parks, unless there are separate regulations for each type of industrial park). ).
Industrial land (land of industrial zones) belongs to non-agricultural production and business land, which is used to meet the needs of building concentrated business clusters (industrial parks, export processing zones, production zones, etc.) ). As a place where large production plants are concentrated and attract many workers to work, the industrial park's land has a very large area, and at the same time, is located far from residential areas.
2. Regulations on land use and lease in industrial zones
According to Article 149 of the 2013 Land Law, the management and use of industrial park land is regulated as follows:
2.1 Principles of land use in industrial zones
- The use of land for construction of industrial parks must conform to master plans, plans on land use, detailed construction planning already approved by competent state agencies.
- When planning and establishing an industrial park, it is required to concurrently make planning and build residential areas and public works located outside the industrial park to serve the lives of workers working in the industrial park.
Land users in an industrial park must use land for the right purposes, be granted a certificate of land use rights, ownership of houses and other land-attached assets, and have rights and obligations. services according to the provisions of the Land Law 2013.
2.2 Regulations on economic organizations, overseas Vietnamese and foreign-invested enterprises to invest in the construction and business of industrial park infrastructure when leased land by the State
- For the land leased area with annual land rental payment, the person to whom the land is leased by the State has the right to sublease the land in the form of annual land rental payment.
For the land leased area with one-off payment of land rent for the entire lease period, the person to whom the land is leased by the State has the right to sublease the land in the form of one-time payment of land rent for the entire lease period or payment. annual land lease.
– Investors are exempted from land rent for the land area for construction of infrastructure for common use in industrial parks
2.3 Regulations on economic organizations, households, individuals, overseas Vietnamese, foreign-invested enterprises investing in production and business in industrial parks
To sub-lease land associated with infrastructure of other economic organizations, overseas Vietnamese, foreign-invested enterprises investing in the construction and business of infrastructure, and have other rights and obligations. the following obligations:
+ In case of sublease of land with one-off payment of land rental for the entire lease period, they have the rights and obligations specified in Article 174 of the 2013 Land Law.
+ In case of sub-leasing land with annual rental payment, they have the rights and obligations specified in Article 175 of the 2013 Land Law.
- Economic organizations, households, individuals, overseas Vietnamese investing in production and business in industrial parks that have been allocated land by the State or received the transfer of land use rights associated with structures; infrastructure of other economic organizations, overseas Vietnamese investing in the construction and business of infrastructure of industrial zones, before the effective date of the 2013 Land Law, may continue to use land according to the remaining term of the project without having to change to land lease. At the end of the project implementation period, if there is a need, the State will consider leasing land according to the provisions of the Land Law 2013.
3. Evaluation of regulations on industrial park land use and management
a. Advantages :
In addition to the inherited contents specified in Article 90 of the 2003 Land Law, the 2013 Land Law has codified the provisions of Article 84 of Decree No. 181/2004/ND-CP and added the following provisions: :
Firstly, when planning and setting up an industrial park, it is necessary to simultaneously make planning and build residential areas and public works located outside the industrial park to serve the lives of workers;
Second, add all clauses 2 and 5 of article 149 of the 2013 Land Law
These new regulations have contributed to building a strategy to create a favorable investment environment to attract and attract foreign investors and mobilize all domestic resources for the purpose of developing industrial parks in the world. country.
b. Defect :
In addition to the advantages, there is still a legal gap when renting industrial park land:
Firstly, the scope of land use rights of the sub-lessee of land in the IZ depends entirely on the form in which the State grants the land use right to the investor in the business of infrastructure business in the IZ, which is land allocation or land lease. one-time payment or annual land rental
Secondly, According to the provisions of Article 149,Land Law 2013, if an enterprise investing in the construction and business of industrial park infrastructure leases land from the State in the form of annual land rental payment, it is only allowed to sublease land with annual payment of land lease; for the area leased from the State in the form of one-time payment of land rent for the entire lease period, the investor has the right to sublease the land in the form of one-time payment of land rent for the entire lease period or to pay land rent. annual land lease.
This provision may make the lessee of the land use right who are production and business investors in the IZ passively, depending on the form of land lease of the investor in the infrastructure of the IZ. Besides, according to the provisions of Articles 174 and 175 of the Land Law 2013, the form of land lease with annual payment or one-time payment for the entire lease period determines the scope of land users' rights. If you pay once, you have rights much wider than annual payments, that is, the rights to transfer, sublease, mortgage, and contribute capital with land use rights and assets attached to the land. While leasing land with the form of annual payment, only the right to the property attached to the leased land is available. This also means that, if the industrial park infrastructure investor leases land from the State with the form of annual payment, the enterprise that leases the land has almost no rights other than the right to use the land. Meanwhile, the demand of sub-tenants of land in the IZ want to have more rights, especially mortgage and transfer of land use rights.
Thirdly, sub-leasing entities in IPs often choose to pay one-off rental for the entire lease period or pay rent in a cycle with a term of 10 years, 20 years to stabilize production and have the right to use the land. use land to mortgage, borrow capital to invest in production. This wish cannot be fulfilled if the investor of the IP leases land from the State in the form of annual payment.
4. Procedures for leasing industrial land
To lease land in an industrial park to carry out production and business activities, enterprises need to follow the following steps:
Step 1: Prepare a dossier including the following documents:
– An application for land allocation or land lease (under Form No. 01 issued together with Circular No. 30/2014/TT-BTNMT);
– Extract the cadastral map of the land plot or extract the main measurement of the land plot (the investor should contact the Department of Natural Resources and Environment to be provided);
– A copy of the Investment Certificate or the written approval of the investment policy issued to the enterprise by the Management Board of the Industrial Parks, enclosed with a written explanation of the investment project (Submit 02 notes of the investment project together with the copy of the original copy). draw the overall ground to submit to the Provincial People's Committee).
- Deposit documents; Certificate of business registration; Documents on making procedures for environmental protection plan; Financial report; Certificate of credit provision…
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Step 2: Submit the application file at the Receiving and Returning Department of the Management Board of Industrial Parks in person or through the postal service.
Step 3: Process the file.
Step 4: Get the result of processing the application:
- Land lease decision, land lease contract;
- Handing over the certificate of land use right and organizing the allocation of land on the field to investors and enterprises.
