The term of use for each type of land is specified in the 2013 Land Code. And this land use term is 20 years, 30 years, 50 years, 70 years or long-term land will be used by the house. country specified in the certificate, when the state implements land allocation, land lease or recognition of land use rights. So about the matter “Should I buy land with a definite term in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What type of land with definite term?
(1) The land group has a useful life of 50 years
Clause 1, Article 126 of the 2013 Land Law stipulates that the time limit for land allocation and recognition of agricultural land use rights for households and individuals directly engaged in agricultural production in the following cases is 50 years:
– Land for growing annual crops, land for salt production, land for aquaculture.
– Production forest land.
– Land for perennial crops.
– Allotment of various types of land including: Land for annual crops, land for aquaculture, land for salt production. In addition, additional land for planting perennial crops and production forest land is also allocated.
– Bare land, bare hills, land with water surface belonging to the unused land group shall be assigned to households and individuals to be put into use according to the planning for forestry production, agriculture, aquaculture, and salt production. .
(2) Group of land with a useful life of not more than 50 years
Clauses 2 and 3, Article 126 of the 2013 Land Law stipulates the types of land with a term of no more than 50 years, including:
– If the State leases agricultural land to households and individuals, the lease term will not exceed 50 years.
– The land use term shall be considered and decided on the basis of an investment project or an application for land allocation or lease but must not exceed 50 years in the following cases:
+ The State allocates land to organizations or leases them to organizations for use in forestry, agriculture, aquaculture and salt production.
+ The State allocates or leases it to organizations, households or individuals for commercial and service purposes, as a non-agricultural production base.
+ The State assigns or leases to organizations to implement investment projects.
+ Allocate or lease land to overseas Vietnamese or foreign-invested enterprises to implement investment projects in Vietnam.
Particularly for projects with large investment capital but slow capital recovery, investment projects in areas with difficult or extremely difficult socio-economic conditions but need a longer term, the time limit for land allocation or lease land for no more than 70 years.
For a project to trade in houses for sale or for sale in combination with lease or for lease purchase, the time limit for land allocation to the investor shall be determined according to the term of the project; and buyers of houses attached to land use rights have stable and long-term land use rights.
Note: If the land plot is used for multiple purposes, the term of use is determined according to the term of the type of land used for the main purpose.
Should I buy land with a definite term in Vietnam?
First of all, the law does not stipulate whether or not a land user should buy a land with a term of use, but the law stipulates general conditions for receiving a transfer of land use rights in Article 188 of the Law. Land 2013 is as follows:
– The land plot involved in the transaction has been granted a certificate of land use rights, ownership of houses and other land-attached assets or a certificate of land use rights/Certificate of house ownership and rights residential land use… (collectively referred to as the Certificate);
– The land plot involved in the transaction is not in dispute (usually understood as the land plot in which complaints, lawsuits, requests for settlement of disputes are filed, etc.) and has been accepted by a competent individual or state agency. , handle);
– The right to use the land plot is not distrained to ensure enforcement according to the effective court judgment or judgment enforcement decision of the competent judgment enforcement agency;
– During the land use term (the land use term is stated on the Certificate issued to the land user).
=> Thus, in order to perform a sale/transfer transaction, the land user being the seller must ensure that the land plot fully meets the above conditions.
According to the information you provided, you intend to buy a parcel of land for growing perennial crops (one of the types of agricultural land specified in Article 10 of the Land Law 2013) which is the type of land with the term of use specified in Article 10 of this Law. 126 of the Land Law, if this land parcel meets all the conditions in Article 188 above, the law allows the parties to conduct the transaction of transferring land use rights as usual.
Based on the current legal regulations, we provide you with some information about the land type with a useful life for your reference and consideration before buying/selling/transferring this type of land as follows:
Firstly, land users directly engaged in agricultural production may continue to use the land when the time limit expires
Clause 1, Article 126 of the Land Law 2013 stipulates that when the term of agricultural land use expires (agricultural land is allocated and recognized by the State within the limit), the land user is an individual or household directly engaged in production. Agriculture can continue to use the land as usual without having to carry out procedures for extending the land use term.
This means that, after the expiration of the land use term, land users who are individuals or households directly engaged in agricultural production can still use the land as during the land use term, still have the rights fully as is the case during the land use term.
Second, the extension of agricultural land use term is only done according to the needs of the land user, not a mandatory procedure.
This means that even though the land use term has expired, the land user who is directly engaged in agricultural production will not be required to carry out the procedures for extending the land use term but still be recognized by the law as a legal land use.
Note: Households and individuals directly engaged in agricultural production are households and individuals that have been assigned, leased, or recognized by the State for agricultural land use rights or received agricultural land use rights transfer and have the right to use agricultural land. stable source of income from agricultural production on that land.
Thus, it can be seen that, when buying land with a use term, land users can still exercise their rights (right to mortgage, change purpose, transfer, donate, etc.) has a stable and long-term use term while the land use term is still available. From the above analysis and legal grounds, you consider and choose a solution that suits your requirements.
How long is the term of use of commercial and service land?
Commercial and service land is one of the types of non-agricultural land (Article 10 of the Land Law 2013) and is used to build commercial and service establishments and other works for business. , trade and services (Clause 1, Article 153 of the Land Law 2013).
Some examples of this type of land that can be easily identified are the land for construction of hotels, resorts, business establishments, trading of goods and services, etc.
The term of use of commercial and service land is specified in Clause 3, Article 126 of the Land Law 2013 as follows:
– The land use term is 50 years: Applicable to organizations, individuals and households using land for commercial or service purposes;
– The land use term is 70 years: Applicable to the case of investment projects with large investment capital but slow capital recovery or investment projects in areas with difficult socio-economic conditions. with extremely difficult socio-economic conditions that require a longer time frame than other projects;
– At the end of the commercial or service land use term, the land user shall be considered, considered and decided by a competent State agency to allow the extension of the land use term as prescribed by law.
Note: The use of commercial and service land under Clause 3, Article 153 of the 2013 Land Law is as follows:
– Economic organizations, households
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Frequently asked questions
Currently, in the 2013 Land Laws and current land legal documents, there is no document that specifically stipulates the concept of “land with a term of use”, but in common sense, and based on the regulations on land used for a definite term as prescribed in Article 126 of the 2013 Land Law, it can be understood:
“Land with a term of use” is a way of saying to define the pieces of land that the land user is only allowed to possess and use for a certain period of time (hereinafter referred to as the land use term). land), for example 20 years, 30 years, 50 years… according to the provisions of the law as well as the State’s permission when performing land allocation, lease of land use rights or recognition of land use rights, or perform the transfer of rights from others during the land use process. At the end of this time limit, the land area identified as “land with a land use term” may be recovered by the State or extended for continued use.
The determination of “land with a term of use” has an important meaning in determining the conditions for the transfer of land use rights, the grounds for land recovery, as a basis for solving the needs of the transfer of land use rights. or complain, determine the legitimacy of the land acquisition…
Clause 1, Article 188 of the 2013 Land Law stipulates that land users may exercise the rights to transfer, inherit, donate, convert, lease, sublease or mortgage land use rights; contribute capital with land use rights when the following conditions are met:
Have certificates (red book, pink book).
The land use right is not distrained to secure judgment enforcement.
– Land without dispute
During the land use term (within the land use term).
Thus, as long as the land use term remains, the rights of land users such as transfer, donation, inheritance and mortgage can still be fully exercised.
Clause 2, Article 74 of Decree 43/2014/ND-CP stipulates: “Households and individuals directly engaged in agricultural production are using agricultural land allocated, recognized by the State, receiving land use right transfer, when the land use term expires, they may continue to use the land according to the time limit specified in Clause 1, Article 126 and Clause 3, Article 210 of the Land Law without having to carry out procedures for adjusting the land use term.”.
Thus, households and individuals directly engaged in agricultural production that are using agricultural land allocated, recognized by the State, or received land use right transfer, may continue to continue using the land when the use term expires. used for a term of 50 years without having to carry out renewal procedures.
Conclusion: So the above is Should I buy land with a definite term in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
