The site handover minutes are the primary evidence document of the entire industrial park land lease: rent and fees usually run from the handover date, the duty to protect the site transfers from the handover date, and every dispute over condition (short area, grading shortfall, unconnected infrastructure) comes back to this document. For land leased directly from the State, the field handover moment also starts the schedule obligation clock under clause 8 of Article 81 of Land Law No. 31/2024/QH15. Below is the content checklist the minutes must record in full.
1. Plot identification and field boundaries
The minutes must state: the plot number under the detailed planning, the actual handed-over area (reconciled with the contract area; where the measured area differs, record how the difference is handled), marker coordinates and condition (number of markers, material, any missing or damaged), and photographs of the condition attached and confirmed page by page. Measurement should be performed by a licensed surveying unit or confirmed by the developer’s technical staff present — minutes recording area “per contract” without actual measurement are the most common source of disputes when the tenant discovers an area shortfall after construction.
2. Site condition and grading level
Record: actual grading levels at check points against the design levels in the detailed planning (permitted tolerance and who bears the cost of making good any shortfall), the status of structures, trees and materials remaining on the land, and underground matters to be known (common infrastructure pipelines or cables crossing the plot, if any). If the site has not been graded to the standard committed in the contract, the minutes must record the shortfall and the cure deadline — this is the basis for deferring rent or claiming fee reductions under the contract, instead of signing “up to standard” minutes and arguing later.
3. Infrastructure connection points and starting meter readings
List each connection item: power (connection point location, committed capacity, readiness to supply), water supply (location, pipe diameter, flow), storm and wastewater drainage (connection manhole location, intake standard of the common treatment system), telecoms, and access roads. Record electricity and water meter readings at handover if meters are installed — this is the first service-charge baseline. For unfinished items, record the developer’s specific completion commitments in the minutes or an attached annex, together with the sanctions agreed in the contract.
4. Environmental baseline, accompanying assets and outstanding items
If the plot had a prior user or sits next to an emission source, record the environmental baseline (soil/groundwater sampling results if sampling was agreed) to allocate future environmental responsibility. List the developer’s assets and works located within or attached to the handed-over plot (fencing, gates, shared transformer stations…). Finally, an “outstanding issues and agreed handling” section — every imperfection must appear here with a deadline and a responsible party; minutes with no outstanding-items section while problems exist are a direct loss to the receiving party. The minutes are signed and sealed by authorised representatives of both parties, made in at least two originals, and referenced as an annex to the sublease contract.
Frequently asked questions
Does rent run from contract signing or from site handover?
Per the contract terms of each park — common practice is from the actual handover date per the minutes. The date in the minutes therefore has direct money value; tenants should not sign minutes backdated earlier than the real receipt of the site.
What if the measured area is smaller than the contract area?
Record the difference in the minutes and apply the contract’s adjustment clause: rent is commonly calculated on the actually handed-over area, or the developer supplements an equivalent area. If the contract lacks such a clause, the parties should sign a supplementary agreement before construction starts — rather than let the dispute run until works are complete.
Should we sign handover when infrastructure is unfinished?
You may sign partial handover minutes or minutes recording the true condition with an annex of infrastructure completion commitments, but do not sign minutes confirming “fully handed over, up to standard” when that is not the reality. Honest minutes are the legal basis for claiming your rights; minutes signed “to get it done” will be used as evidence against the tenant.
Who must attend an industrial park site handover?
The legal representatives or duly authorised persons of the tenant and the infrastructure developer, together with the park’s surveying technicians. For land leased directly from the State, the field handover involves the natural resources and environment agency or the assigned organisation, and the handover minutes form part of the project’s land dossier.
