Land use term when the State allocates land or leases land

Reply:

Article 172 of the 2024 Land Law specifically stipulates as follows:

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

a) The term of land allocation and recognition of agricultural land use rights for individuals directly engaged in agricultural production using land for annual crops, aquaculture land, salt-making land, perennial crop land, and production forest land that is planted forest within the limit prescribed in Article 176 of this Law is 50 years. When the land use term expires, the land may continue to be used for the term prescribed in this point without having to carry out extension procedures;

b) The term of agricultural land lease for individuals shall not exceed 50 years. When the land lease term expires, if the individual has a need, the State shall consider continuing to lease the land, but not exceeding 50 years;

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

For projects with an operating period of over 50 years as prescribed by the Investment Law, the land allocation and lease term shall be according to the project term but shall not exceed 70 years.

When the term expires, if the land user has a need to continue using the land, the State will consider extending the land use term, but not exceeding the term specified in this clause.

In case it is not necessary to establish an investment project, the land use term is considered based on the application for land allocation or land lease, but not exceeding 50 years;

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

2. The land allocation and land lease term prescribed in this Article shall be calculated from the date of the land allocation and land lease decision by the competent state agency.

3. Extension of land use shall be carried out in the final year of the land use term, except for the case specified in Point a, Clause 1 of this Article. Land users who wish to extend land use shall submit an application for extension at least 06 months before the expiry of the land use term. If the land user fails to submit an application for extension within the deadline for submitting the application for extension, the land use term shall not be extended, except in cases of force majeure. In case the land use term is not extended, the competent state agency shall recover the land in accordance with the provisions of this Law.

4. In case the land use term is not extended, the land user is responsible for handling the assets attached to the land to return the land to the State. After 24 months from the date of expiry of the land use term, if the land user fails to handle the assets, the State shall reclaim the land without compensation for the land and assets attached to the land; in case of demolition, the owner of the assets shall bear the demolition costs.

5. The Government shall detail this Article.