The term of land use when the State allocates or leases land.

Reply:

Article 172 of the 2024 Land Law stipulates the following:

1. Except for the cases stipulated in Article 171 of this Law, the land use term when the State allocates land, leases land, or recognizes land use rights is regulated as follows:

a) The term for allocating land and recognizing the right to use agricultural land for individuals directly engaged in agricultural production using land for annual crops, aquaculture, salt production, perennial crops, and planted production forests within the limits stipulated in Article 176 of this Law is 50 years. Upon expiration of the land use term, the land may continue to be used for the term stipulated in this point without having to go through the renewal procedure;

b) The lease term for agricultural land for individuals shall not exceed 50 years. Upon expiration of the lease term, if the individual so desires, the State may consider extending the lease, but not for more than 50 years;

c) The term for land allocation or lease for investment projects using land shall be considered and decided according to the operating term of the investment project or the application for land allocation or lease, but shall not exceed 50 years.

For projects with an operating period exceeding 50 years as stipulated by the Investment Law, the land allocation or lease term shall be according to the project term but not exceeding 70 years.

Upon expiration of the term, if the land user wishes to continue using the land, the State will consider extending the land use period, but not exceeding the term stipulated in this clause.

In cases where an investment project is not required, the land use term will be determined based on the application for land allocation or lease, but not exceeding 50 years;

d) The land lease term for the construction of offices for foreign organizations with diplomatic functions shall not exceed 99 years. Upon expiration of the term, if the foreign organization with diplomatic functions needs to use the land, the State shall consider extending the lease or leasing other land; the extension or lease term shall not exceed the term stipulated in this clause.

2. The land allocation and lease terms stipulated in this Article shall be calculated from the date of the decision on land allocation or lease issued by the competent state agency.

3. The extension of land use rights shall be granted in the final year of the land use term, except as stipulated in point a, clause 1 of this Article. Land users wishing to extend their land use rights must submit their application for extension no later than 6 months before the expiration of the land use term. If the land user fails to submit the application within the deadline, the land use rights will not be extended, except in cases of force majeure. If the land use rights are not extended, the competent state agency shall reclaim the land in accordance with the provisions of this Law.

4. In cases where the land use right is not extended, the land user is responsible for disposing of the assets attached to the land to return the land to the State. If, after 24 months from the expiration of the land use right, the land user fails to dispose of the assets, the State will reclaim the land without compensation for the land and assets attached to it; in cases where demolition is required, the owner of the assets shall bear the demolition costs.

5. The Government shall provide detailed regulations for this Article.