Vietnam land law has regulations on land use term. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! When may land users use land for a long and stable term in Vietnam? What types of land are used for limited term? Thanks for answering me!”
Legal grounds
- 2013 Vietnam Land law
Land used for long and stable term
Land users may use land for a long and stable term in the following cases:
– Residential land used by households or individuals.
– Agricultural land used by communities as prescribed in Clause 3, Article 131 of Land law.
– Land for protection forest, for special-use forest and for production forest which are natural forests.
– Land for trading or services, for non-agricultural production establishments of households and individuals that are using the land stably and that land is not allocated for limited term or leased by the State.
– Land for construction of offices as prescribed at Point 1, Article 147 of Land law and land for construction of public service facilities of public non-business organization which are not self-financed as prescribed at Point 2, Article 147 of Land law.
– Land used for national defense or security purpose.
– Land used by religious institutions as prescribed in Article 159 of Land law.
– Land for religious practices.
– Land for transportation and irrigation, land with historical-cultural relics and scenic spots and land used for the construction of other public facilities for non-commercial purposes.
– Land for cemeteries or graveyards.
– Land used by economic organizations as prescribed in Clause 3, Article 127 and Clause 2, Article 128 of Land law.
Land used for limited term
– The term for land allocation, recognition of agricultural land use rights for households and individuals directly engaged in agricultural production as prescribed in Clauses 1 and 2, at Point b, Clause 3, in Clauses 4 and 5, Article 129 of Land law is 50 years. When the term expires, households or individuals directly engaged in agricultural production that have demand may continue using land in accordance with the land use term prescribed in this Clause.
– The term for lease of agricultural land to households or individuals must not exceed 50 years. At the expiry of the term, households or individuals that have demand shall be considered by the State for continued leasing of the land.
– The term for land allocation or land lease to organizations for the purpose of agriculture, forestry, aquaculture or salt production; to organizations, households or individuals for the purpose of trading and services or for non-agricultural production establishments; to organizations for implementing investment projects; to overseas Vietnamese and foreign-invested enterprises for implementing investment projects in Vietnam, shall be considered and decided on the basis of the investment projects or applications for land allocation or land lease, but must not exceed 50 years.
For large investment projects with slow recovery of capital, projects in areas with difficult socio-economic conditions or with especially difficult socio-economic conditions which require a longer term, the term of land allocation or land lease must not exceed 70 years.
For projects on construction of houses for sale or for a combination of sale and rent or for lease- purchase, the land use term shall be determined in accordance with the duration of the project. Those who buy houses associated with land use rights may use land for a long and stable term.
At the expiry of the term, if the land users still have land use needs, the State shall consider an extension which must not exceed the term prescribed in this Clause.
– The land lease term for the purpose of office construction of foreign organizations with diplomatic functions must not exceed 99 years. At the expiry of the term, if these organizations are still in need of the land, the State shall consider extending the land lease term or leasing another land parcel. Each extension period must not exceed the term prescribed in this Clause.
– The lease term for land which is part of agricultural land fund for public purposes of communes, wards or townships must not exceed 5 years;
– Regarding land for construction of non-business facilities of self-financed public non-business organization as prescribed in Clause 2, Article 147 of Land law, and other public facilities involving commercial purpose, the land use term must not exceed 70 years.
At the expiry of the term, if the land users still have land use needs, the State shall consider an extension but the extension must not exceed the term prescribed in this Clause.
– For a land parcel with multiple use purposes, the land use term shall be determined in accordance with the land use term of the land type used for the main purpose.
– The term for land allocation and land lease prescribed in this Article shall be calculated from the date of the decision on land allocation or land lease issue by a competent state agency.
Land use term upon change of land use purpose
– The land use term for households and individuals upon change of land use purpose is prescribed as follows:
+ In case the land use purpose is changed from land for protective forest or special-use forest to land for other purposes, the term shall be determined on the basis of the land type of the new purpose. The land use term shall be calculated from the time of the decision on approval;
+ In case the land use purpose is changed from land for rice cultivation, other annual crops, perennial crops, production forest, aquaculture or salt production to land for protective forest or special-use forest, households or individuals may use the land for a stable and long term;
+ In case the land use purpose is changed among land categories including land for other annual crops, perennial crops, production forests, aquaculture or salt production, households and individuals may continue using such land for the determined land use term.
At the expiry of the term, if the land users still have land use needs, the State shall consider an extension which must not exceed the term prescribed in Clause 1, Article 126 of Land law;
+ In case the land use purpose is changed from agricultural purpose to non-agricultural purpose, the land use term shall be determined on the basis of the land type of the new purpose. The new land use term shall be calculated from the time of the decision on approval;
+ In case the land use purpose is changed from non-agricultural land with long and stable land use term to non-agricultural land with limited land use term or from non-agricultural land with limited land use term to non-agricultural land with long and stable land use term, households and individuals may use the land for a long and stable term.
– For organizations, overseas Vietnamese or foreign-invested enterprises implementing investment projects outside industrial parks, industrial clusters, export processing zones or hi- tech zones, when the land use purpose is changed, the land use term shall be determined on the basis of the investment project as prescribed in Clause 3, Article 126 of Land law.
– Economic organizations that change the land use purpose from non-agricultural land with long and stable land use term to non-agricultural land with limited land use term or from non- agricultural land with limited land use term to non-agricultural land with long and stable land use term, may use the land for a long and stable term.
Land use term in case of transfer of land use rights
– The land use term in case of transfer of land use rights for the land with definite land use term is the remaining period of the land use term defined prior to the transfer of land use rights.
– People who acquire land use rights for the land with a long and stable land use term may use the land for a long and stable term.
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Frequently asked questions
The land use term in case of transfer of land use rights for the land with definite land use term is the remaining period of the land use term defined prior to the transfer of land use rights.
The term for lease of agricultural land to households or individuals must not exceed 50 years. At the expiry of the term, households or individuals that have demand shall be considered by the State for continued leasing of the land.
The term for land allocation, recognition of agricultural land use rights for households and individuals directly engaged in agricultural production as prescribed in Clauses 1 and 2, at Point b, Clause 3, in Clauses 4 and 5, Article 129 of Land law is 50 years. When the term expires, households or individuals directly engaged in agricultural production that have demand may continue using land in accordance with the land use term prescribed in this Clause.
Conclusion: So the above is Legal regulations on land use 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
