When making capital contribution to an enterprise by the land use rights and ownership of asset attached to land, the contributing party shall follow procedures for registration of changes so as to transfer such land use rights and ownership of asset attached to land to the receiving enterprise.
A capital contribution contract shall be concluded between the enterprise and the capital-contributing party and notarized at a notary's office at the same area with that of the contributed asset (land, house).
Then, the capital-contributing party shall apply for registration of changes with the Land Registration Office affiliated to Provincial Department of Natural Resources and Environment that has issued the certificate of land use rights and ownership of asset attached to land. Such application shall include:
1. The application form for registration of changes in land, asset attached to land (Form No. 09/DK attached to Circular No. 33/2017/TT-BTNMT);
2. Contract for capital contribution by land use rights and ownership of asset attached to land;
3. Certificate of land use rights and ownership of asset attached to land;
4. If an enterprise receives capital contribution by the right to use agricultural land for executing an investment project, a written approval from a competent authority must be also submitted;
5. If the capital contribution is made by the ownership of asset attached to land and the asset owner (the capital-contributing party) is not the land user, the land user's written consent to the capital contribution by the owner of the asset attached to land.
Processing duration: Within 10 days from the receipt of sufficient and valid application.
The capital contribution by land use rights shall be terminated in the following cases:
- The duration of capital contribution by land use rights expires;
- Either or both parties request for termination as agreed upon the capital contribution contract;
- The land contributed as capital is appropriated as regulated;
- The party contributing capital by the land use rights under a business cooperation contract or the joint venture is declared bankrupt or dissolved;
- The capital-contributing individual dies; is declared dead; is deprived of or has limited legal capacity; or is prohibited from engaging in the business cooperation field while the capital contribution contract must be performed by that individual;
- The legal entity that is a party of the capital contribution contract terminates operation while that capital contribution contract must be performed by that legal entity.