1. Cases of land sublease
According to the 2013 Land Law, the entities entitled to sublease land use rights include the following:
- Economic organizations leased land by the State with one-off rental payment for the entire lease term;
- Economic organizations and public non-business organizations that are leased land by the State with annual rental payment have the right to sublease land use rights in the form of annual land rent payment for land already built. infrastructure in case of investment in construction and commercial operation of infrastructure for industrial park land, industrial clusters, export processing zones, hi-tech parks and economic zones;
- Vietnamese residing overseas and foreign-invested enterprises may lease land with one-off rental payment for the entire lease term by the Vietnamese State; Foreign-invested enterprises allocated land with land use levy by the Vietnamese State to implement projects with the rights to lease or sub-lease land use rights and assets under their ownership. land within the land use term.
In addition, According to Article 475 of the Civil Code: The lessee has the right to sublease the property he or she has leased, if agreed by the lessor. The consent may be expressed immediately in the lease contract / in other documents or in the sublease contract.
2. Does the land sublease agreement require notarization?
Point b, Clause 3, Article 167 of the 2013 Land Law states: “Contract of lease, sublease of land use right, land use right and assets attached to land, contract on conversion of agricultural land use rights; contract of transfer of land use rights, land use rights and assets attached to land and assets attached to land, which is notarized by one party or the parties involved in transactions. or endorsement at the request of the parties; "
As such, notarization of a land sublease agreement is not required to be notarized.
3. Types of documents, papers to provide
a / The sublessor
- A copy of the certificate of land use right or a copy of a substitute paper or shoe prescribed by law for assets required by law to register the right to use in the case of a contract or transaction involving assets. there;
- Original copy of the lease;
- If the sublessor is an individual: Provide valid identity card / citizen ID / passport; Registration book
- If the sublessor is an enterprise:
+ Minutes of meeting of members' council / shareholders
+ Business registration
+ Register seal sample
+ Power of attorney (if any)
+ Identity card / citizen ID / passport valid of the representative
b / The sublessee
- If the sublessee is an individual: Provide valid identity card / citizen ID / passport; Registration book
- If the sublessee is an enterprise:
+ Minutes of meeting of members' council / shareholders
+ Business registration
+ Register seal sample
+ Power of attorney (if any)
+ Identity card / citizen ID / passport valid of the representative
If you have any questions, please contact Tran Hang Notary Office / Dai Viet Limited Law Firm for specific answers.
DAI VIET LAW CO., LTD-
TRAN HUNG NOTARY OFFICE
Address: No. 28 Lieu Giai Street - Ba Dinh - Hanoi
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
1. Cases of land sublease
According to the 2013 Land Law, the entities entitled to sublease land use rights include the following:
- Economic organizations leased land by the State with one-off rental payment for the entire lease term;
- Economic organizations and public non-business organizations that are leased land by the State with annual rental payment have the right to sublease land use rights in the form of annual land rent payment for land already built. infrastructure in case of investment in construction and commercial operation of infrastructure for industrial park land, industrial clusters, export processing zones, hi-tech parks and economic zones;
- Vietnamese residing overseas and foreign-invested enterprises may lease land with one-off rental payment for the entire lease term by the Vietnamese State; Foreign-invested enterprises allocated land with land use levy by the Vietnamese State to implement projects with the rights to lease or sub-lease land use rights and assets under their ownership. land within the land use term.
In addition, According to Article 475 of the Civil Code: The lessee has the right to sublease the property he or she has leased, if agreed by the lessor. The consent may be expressed immediately in the lease contract / in other documents or in the sublease contract.
2. Does the land sublease agreement require notarization?
Point b, Clause 3, Article 167 of the 2013 Land Law states: “Contract of lease, sublease of land use right, land use right and assets attached to land, contract on conversion of agricultural land use rights; contract of transfer of land use rights, land use rights and assets attached to land and assets attached to land, which is notarized by one party or the parties involved in transactions. or endorsement at the request of the parties; "
As such, notarization of a land sublease agreement is not required to be notarized.
3. Types of documents, papers to provide
a / The sublessor
- A copy of the certificate of land use right or a copy of a substitute paper or shoe prescribed by law for assets required by law to register the right to use in the case of a contract or transaction involving assets. there;
- Original copy of the lease;
- If the sublessor is an individual: Provide valid identity card / citizen ID / passport; Registration book
- If the sublessor is an enterprise:
+ Minutes of meeting of members' council / shareholders
+ Business registration
+ Register seal sample
+ Power of attorney (if any)
+ Identity card / citizen ID / passport valid of the representative
b / The sublessee
- If the sublessee is an individual: Provide valid identity card / citizen ID / passport; Registration book
- If the sublessee is an enterprise:
+ Minutes of meeting of members' council / shareholders
+ Business registration
+ Register seal sample
+ Power of attorney (if any)
+ Identity card / citizen ID / passport valid of the representative
If you have any questions, please contact Tran Hang Notary Office / Dai Viet Limited Law Firm for specific answers.
DAI VIET LAW CO., LTD-
TRAN HUNG NOTARY OFFICE
Address: No. 28 Lieu Giai Street - Ba Dinh - Hanoi
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
