For cases of land use with a definite term; if the time limit prescribed by law expires, the land will be confiscated by the state. However; if people have demand, they can completely continue to use them; through the implementation of procedures for extension of land use. LSX Lawfirm will give you an article about: “Land use term as prescribed by Vietnamese law”, as follows:
Legal grounds
Land Law 2013.
Decree 43/2014/ND-CP.
Decree 01/2017/ND-CP
Land use term as prescribed by Vietnamese law
According to the provisions of land law; There are two types of land use term: land for long-term stable use and land for limited use.
Long-term stable land use
Long-term land use cases; stability is specified in Article 125 of the Land Law; consists of:
- Land for construction of houses used by households and individuals;
- Agricultural land used by many communities;
- Protection forest land, special-use forest land or production forest land being natural forests;
- Land for commercial, service, and non-agricultural production facilities of households; individuals are using stable land that is not land allocated or leased by the State for a fixed term or lease;
- Land for construction of offices of agencies specified in Clause 1, Article 147 of this Law; and land for construction of non-business works of non-financial public non-business organizations specified in Clause 2, Article 147 of this Law;
- Land used for defense and security purposes;
- Then Land for religious establishments specified in Article 159 of this Law;
- Land of beliefs;
- Land for traffic, irrigation, land with historical – cultural relics, scenic spots; and land for construction of other public works for non-commercial purposes;
- Then Land for cemeteries and graveyards;
- Land used by economic organizations is specified in Clause 3, Article 127 and Clause 2, Article 128 of this Law.
- The above cases are land use cases where the state does not limit the land use term or in other words, land users can use land stably and long term. However; It should be noted that a stable period of use does not mean that you can use it forever.
You can also refer to the article related to Settlement of deposit contract disputes when buying land in Vietnam or Procedures for leasing land for 50 years in Vietnam
Land used for a limited time
| No. | Land use case | Term of land use |
| 1 | Agricultural land is allocated to households and individuals directly engaged in agricultural production. | The land use term is 50 years |
| 2 | Agricultural land owned by households; personal rent | Not more than 50 years. |
| 3 | Land allocated; lease it to an organization for use in agriculture, forestry, aquaculture, or salt production; organizations, households and individuals to use for commercial and service purposes; as a non-agricultural production base; organization to implement investment projects (investment projects); overseas Vietnamese; foreign-invested enterprises to implement investment projects in Vietnam. | Not more than 50 years. In there: For investment projects with large investment capital but slow capital recovery, investment projects in areas with difficult socio-economic conditions; in areas with extremely difficult socio-economic conditions and requiring a longer time limit, the time limit for land allocation; lease land for not more than 70 years. For housing business projects for sale or for sale in combination with rental or lease-purchase; the time limit for land allocation shall be determined by the investor; Buyers of houses attached to land can use land stably and long-term. |
| 4 | Land for lease to build offices of foreign organizations with diplomatic functions. | No more than 99 years. |
| 5 | The leased land belongs to the agricultural land fund used for the public purposes of the commune, ward or township. | No more 05 years |
| 6 | Land for construction of non-business works of self-financed public non-business organizations and public works for business purposes. | No more 70 years |
| 7 | For a plot of land used for many different purposes. | The land use term is determined according to the term of the type of land used for the main purpose. |
Related questions
Article 67 of the 2013 Land Law also clearly states as follows: “At the end of the term, land users may continue to allocate or lease land from the State if they wish to continue using and strictly abide by the law on land. land in the process of use and that land use is in accordance with the approved land use planning;”
So; When the land use term expires, you can go for an extension to extend the use period. Except for cases of land under planning.
The land use term upon receipt of a land use right transfer, for a type of land with a specified term, is the remaining land use duration of the land use term before receiving the transfer of the land use right.
The recipient of the transfer of land use rights for the type of land that is used stably and long-term; long-term stable land use.
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