Can businesses lease land for projects that are not being implemented to build warehouses, workshops or production and distribution facilities?
Based on Clause 24, Article 1, Decree 01/2017/ND-CP Regulations on leasing assets attached to leased land and subleased land with annual land rent payment are as follows:
“Article 38a. Lease of assets attached to leased land or subleased land with annual land rental payment
Economic organizations, Vietnamese residing abroad, foreign-invested enterprises, households and individuals renting land from the State pay annual land rent; Renting land, subleasing land in industrial parks, export processing zones, industrial clusters, craft villages, paying annual land rent and having been granted a Certificate, can lease assets attached to land that has been legally created. according to the provisions of law if the conditions prescribed by the law on real estate business are met. The lessee must use the property on land according to the purpose determined in the land lease decision of the competent state agency or in the signed land lease or sublease contract.
Thus, in case the company has foreign capital, leases land, pays annual rent if it has been granted a Certificate; to lease assets attached to land that has been legally created.
Your company needs to carry out procedures to adjust the investment registration certificate because the investment objective specified in Point a, Clause 3 andPoint dd Clause 4 Article 41 Investment Law 2020 as follows:
"Article 41. Adjustment of investment projects
3. Investors whose investment projects have had their investment policies approved must carry out procedures to approve investment policy adjustments if they fall into one of the following cases:
a) Change the objectives specified in the investment policy approval document; additional targets subject to investment policy approval;
4. For investment projects with approved investment policies, investors are not allowed to adjust the investment project implementation schedule by more than 24 months compared to the investment project implementation schedule specified in the approval document. First-time investment policy approval, except in one of the following cases:
d) Changing the objectives specified in the investment policy approval document; Supplementing targets subject to investment policy approval;"