Authorized Agency

Department of Natural Resources and Environment

Resolved time and procedure

Total time (working days) does not exceed 14 working days, as follows:

a) IPA shall receive application files and check their validity in compliance with the law, transfer them to the Department of Natural Resources and Environment for settlement within 03 working days.

b) The Department of Natural Resources and Environment shall receive, appraise the transferred application files and transfer a report enclosed with such files and maps to the Provincial People’s Commitee Office within 08 working days.

c) The Provincial People's Committee Office receive the transferred application files, review the settlement process of application files, draft and send decision to leadership of the Provincial People’s Commitee for signing and approval; and later then transfer the results to IPA to give to the Investors within 02 working days.

d) IPA shall give result to the Investors at IPA’s office within 01 working day.

Elements

I. Case 1: Land allocation, land lease and change of land-use in case of the project whose land is in the plan of compulsory land recovery by the State.

1. Request for land allocation or land lease (in standard form no. 03-DD or 04-DD specified in Circular No. 09/2007/TT-BTNMT dated 02 August 2007 of the Ministry of Natural Resources and Environment).

2. Proposal of the People’s Committee of the commune/district where the land is located

3. Notice of the Standing Party Committee (applicable to the project using the area of more than 1ha)

4. Decision on approval for investment project (or Investment Certificate); and project description

5. Decision on and map of investment location

6. Notice on land recovery

7. Report on  assessment of site clearing and compensation solutions

8. Decision on recovering  land of household and individual or land fund of commune  People’s Committee (if any)

9. Business Registration Certificate

10. Map of land allocation and recovery (is certified as acceptance of the Department of Natural Resource and Environment).

II. Case 2: Land allocation, land lease and change of land-use in case of the project whose land is not in the plan of compulsory land recovery by the State.

1. Request for land allocation or land lease (in standard form no. 03-DD or 04-DD specified in Circular No. 09/2007/TT-BTNMT dated 02 August 2007 of the Ministry of Natural Resources and Environment)

2. Proposal of the People’s Committee of the commune/district where the land is located

3. Notice of the Standing Party Committee (applicable to the project using the area of more than 1ha)

4. Decision on approval for investment project (or Investment Certificate); and project description

5. Decision on and map of investment location

6. Agreement on land use right assignment (in standard form no.37-DK enclosed with Circular No. 09/2007/TT-BTNMT dated 02 August 2007 of the Ministry of Natural Resources and Environment)

7. Report on compensation, land clearing certified by the People’s Committee of the commune/district where the recovered land is in

8. Business Registration Certificate.

9. Map of land recovery and change of land use (is certified as acceptance of the Department of Natural Resources and Environment).

Note:

-   Land for the project must be included in the approved land-use plan. In case where a part or whole of land for the project is used for rice cultivation, such project shall be determined on the list of projects to be consulted by the Government in accordance with the law.

-   With respect to the case 2: For projects involving land use, the land user who is not entitled to the right to transfer land use rights shall supplement further documents as same as in the case 1.

Quantities of application: 02 sets of notarized copies (unless the request for land allocation or land lease is a copy with red seal; map of land allocation and recovery is prepared with 07 originals).