Specifically, based on the land fund and assets attached to the land assigned for management by the State, land fund development organizations are allowed to lease land area and assets attached to the land (if any) according to the following principles:
1. The lease must be signed with a contract, determining the temporary land lease corresponding to the land use purpose as prescribed in Article 9 of the Land Law and the provisions in Articles 4, 5 and 6 of Decree 102/2024/ND-CP dated July 30, 2024 of the Government. The land lessee does not have to register the land and is not granted a land use right certificate.
2. The lease term shall not exceed 5 years. During the term of the contract, when the State implements the land use plan, the contract must be terminated and no compensation or support for assets invested on the land shall be provided. Before terminating the contract, the land fund development organization must notify the land lessee in writing at least 60 days in advance.
3. Manage land use and exploit land funds in accordance with the boundaries, areas, and purposes of use assigned by competent authorities; comply with environmental protection, ensure strict management of land funds, rational, economical, and effective use, do not harm the legitimate interests of surrounding land users, and do not affect the progress of implementation of land use planning and plans and land use according to land use planning and plans when the State implements land use plans.
4. Short-term land lease under this regulation does not require auctioning of land use rights, does not require bidding to select investors to implement projects using land, and does not require meeting requirements on conformity with land use planning and plans such as land allocation and land lease to implement investment projects.
In addition, general regulations on land funds and assets attached to land (if any) used for short-term land lease are implemented according to the following principles: Land managed by land fund development organizations that have not been exploited and used for short-term lease exploitation includes:
1. Land specified in Clause 5, Article 86 of the Land Law.
2. Land recovered in the cases specified in Clause 26 and Clause 27, Article 79 of the Land Law for auction of land use rights.
3. Land recovered according to the provisions of Article 81, points a, b, c, d, clause 1 and clause 2, Article 82 of the Land Law in urban areas.
4. Land transferred to local management, handling, and recovery due to rearrangement and handling of houses and land according to the provisions of law on management and use of public assets, except in cases where such houses and land are handled in the form of transfer or arrangement for use for State purposes according to the provisions of law on management and use of public assets.
5. Land originating from the equitization of state-owned enterprises is leased by the State with annual land rent paid, and the State recovers the land and assigns it for management.
6. Land used for mineral activities shall be returned according to the provisions of the land lease contract.
7. Land formed from sea reclamation activities using state budget capital.
8. Land recovered in the cases specified in Clause 29, Article 79 of the Land Law.
Source: https://baoquangnam.vn/quy-dinh-ve-trinh-tu-thu-tuc-cho-thue-quy-dat-ngan-han-tren-dia-ban-quang-nam-3145312.html
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