When receiving land through transfer, how is the land use period determined?
"Does residential land have a time limit for use, and in the case of receiving the transfer of land use rights for land that is used stably and long-term, how is the land use period determined?" - a question of concern from Mr. NLH, Vinh Loc ward.
Reply:
According to current land law regulations, residential land, also known as housing land, is a type of land that is used stably and long-term without a specified period of use.
Specifically, Article 171 of the 2024 Land Law stipulates that land used for stable, long-term purposes includes residential land; agricultural land used by local communities; special-use forests, protection forests, and production forests managed by organizations; commercial, service, and non-agricultural production land used stably by individuals and recognized by the State, excluding land allocated or leased by the State for a limited period; land for constructing agency headquarters and public service facilities; national defense and security land; religious land; land used for public purposes without commercial intent; cemeteries, funeral homes, crematoriums, and ash storage facilities; and other types of land as prescribed by the Land Law.
Thus, residential land belongs to the group of land used for stable, long-term purposes, and land users are allowed to use the land without a specified time limit. The concept of stable land use is explained in Clause 38, Article 3 of the 2024 Land Law as the use of land for a specific primary purpose from the time the land use begins until the time the competent state agency considers that stable land use.
Regarding the land use term when receiving land use rights transfer, Article 174 of the 2024 Land Law stipulates that, for land with a limited use term, the land use term for the transferee is the remaining time of the land parcel up to the time of receiving the transfer. Extension of the land use term shall be carried out in accordance with the provisions of the law.
Specifically, in the case of receiving the transfer of land use rights for land designated for long-term stable use, the transferee continues to use the land for a long-term stable period without having to re-establish the land use term.
Based on the above regulations, it can be affirmed that when receiving the transfer of residential land or other types of land legally designated for stable and long-term use, the recipient of the land use rights is entitled to long-term use of the land, without a specified time limit, as stipulated in the 2024 Land Law.
