Term of Agricultural Land Use Issued Prior to the 2024 Land Law under Decree 49/2026

Term of Agricultural Land Use Issued prior to the 2024 Land Law under Decree 49/2026 is determined by inheriting previous legal provisions to ensure stability in the production activities of households and individuals. In the following content, Long Phan Consulting Company provides a detailed analysis of the regulations regarding the use term and the related dossier processing procedures.

The land use term for agricultural land granted before the 2024 Land Law is regulated by Decree 49/2026

The Government promulgated Decree 49/2026/ND-CP guiding Resolution 254/2025/QH15, which regulates mechanisms and policies to resolve difficulties and obstacles in enforcing the Land Law. According to Article 20 of Decree 49/2026/ND-CP, the regulations for issuing Certificates of Land Use Rights (Red Books) are as follows:

If a certificate of land use rights was issued to a household or individual before August 1, 2024, and it records the agricultural land use term as “long-term” or does not specify a use term, upon carrying out land change registration, the land use term shall be re-determined as 50 years. This period is calculated from the date the competent authority confirms the change on the existing certificate or issues a new Certificate of Land Use Rights and Ownership of Land-Attached Assets.

Thus, agricultural land granted before the 2024 Land Law with an unspecified or “long-term” use period will be uniformly re-determined as a 50-year term.

>>>See more: Procedures for applying for extension of land use when the term of use expires

Regulations on adjusting the land use term for agricultural land

Under the 2024 Land Law, the land use term, particularly for agricultural land, is maintained at 50 years. Below are the regulations on adjusting agricultural land use terms under the 2024 Land Law:

Agricultural Land Allocation Term According to Article 172 of the 2024 Land Law, guided by Section 1, Chapter VII of Decree 102/2024/ND-CP, the term for allocating agricultural land to individuals directly engaged in agricultural production—including land for annual crops, aquaculture, salt production, perennial crops, and planted production forests—remains at 50 years. This is the maximum time individuals can be allocated land or have their agricultural land use rights recognized.

Notably, upon the expiration of the 50-year term, individuals will not have to perform extension procedures to continue using the agricultural land. The land user will automatically continue to hold the land use rights without interruption or the burden of complex administrative procedures.

Agricultural Land Lease Term For leasing agricultural land, Article 172 of the 2024 Land Law and Decree 102/2024/ND-CP stipulate that the lease term must not exceed 50 years. This applies to individuals needing to lease land for agricultural activities.

When the lease period ends, if the individual wishes to continue leasing, the State will review and may grant an extension. However, the subsequent lease period also cannot exceed 50 years to ensure compliance with the regulatory limits.

These regulations create stability and transparency in land management while effectively supporting agricultural production by simplifying the post-expiration usage process.

>>>See more: Land Use Term According to Legal Regulations

Rights and obligations of agricultural land users

Regulations on the right to use agricultural land allocated by the State to individuals are stipulated in Clauses 2 and 3 of Article 178 of the 2024 Land Law. Clauses 2 and 3 of Article 178 of the 2024 Land Law stipulate the right to use agricultural land allocated by the State to individuals as follows:

Rights of agricultural land users

• Users have the right to conduct activities on the land in accordance with the allocated purpose (e.g., planting annual/perennial crops, livestock farming, aquaculture). This ensures the maximum exploitation of land resources for economic and social efficiency.
• Users have the right to transfer land use rights to other organizations or individuals in compliance with land laws, maintaining the legality of land use.
• The law recognizes the right to inherit agricultural land use rights, allowing users to transfer their rights to family members or legal heirs, ensuring stability across generations.

Obligations of agricultural land users

• Users must commit to using the land for its designated purpose. Unauthorized land use conversion may result in legal sanctions and administrative handling.
• Users must apply measures to exploit the land efficiently, optimizing agricultural yield and product quality through advanced, sustainable farming techniques.
• Users are responsible for protecting the land and natural resources (preventing erosion, pollution, and degradation) and managing other resources on the land, such as water and local ecosystems.
• Users are obligated to fulfill financial duties to the State, including land rents, land taxes, and other prescribed fees, ensuring fair land management and contribution to the national budget.

How can I extend my land use rights?

Based on Clause 3, Article 172 of the 2024 Land Law, guided by Section 1, Chapter VII of Decree 102/2024/ND-CP:

The extension of land use is carried out in the final year of the land use term (except for cases specified in Point a, Clause 1, Article 172 of the 2024 Land Law).

• If a land user needs to continue using the land, they must submit an extension request dossier 06 months before the expiration date.
• If the deadline passes without submission, the land use will not be extended (except in cases of force majeure). The competent state authority will then proceed with land recovery.
• In case of non-extension, the land user is responsible for handling assets attached to the land to return the cleared site to the State.
• If 24 months pass from the expiration date and the user has not handled the assets, the State will recover the land without compensation for the land or attached assets; if demolition is required, the asset owner bears the demolition costs.

>>>See more: Land Use Extension for Individuals

Long Phan Consulting Company provides consulting services on agricultural land use duration

Long Phan Consulting Company provides comprehensive consulting services on the process and procedures for adjusting and extending land use rights in accordance with the law. Our consulting services include:

• Consultation on conditions for extending the land use term for agricultural land;
• Assess the legal status of the land parcel, determine the land type, current purpose of use, and duration of use;
• Instructions on preparing complete documentation for the procedure;
• Providing advice on arising financial obligations;
• Providing advice on related issues: land use planning, land use conversion, issuance of new land use certificates, preservation of land use duration, etc.
• Your authorized representative will submit the application, work with the relevant government agencies, and monitor the progress of the application.

Frequently Asked Questions about term of agricultural land use issued before the 2024 Land Law according to Decree 49/2026

Below, Long Phan Consulting Company provides some frequently asked questions regarding term of agricultural land use issued before the 2024 Land Law, as per Decree 49/2026. We invite interested clients to refer to this information:

Will agricultural land whose usage rights have expired be automatically reclaimed by the State?

Based on Article 172 of the 2024 Land Law, as guided by Section 1, Chapter VII of Decree 102/2024/ND-CP, in cases of land allocation and recognition of agricultural land use rights for individuals directly engaged in agricultural production using land for annual crops, aquaculture, salt production, perennial crops, and planted production forests within the prescribed limits, upon expiration of the land use term, they may continue to use the land for the term stipulated in this point without having to go through the renewal procedure.

What is the land use term for agricultural land according to the 2024 Land Law?

The term for land allocation and recognition of agricultural land use rights 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 the 2024 Land Law is 50 years, except for the cases stipulated in Article 171 of the 2024 Land Law.

What are the new regulations regarding the issuance of land ownership certificates for increased land area under Decree 49/2026?

The Government issued Decree 49/2026/ND-CP guiding Resolution 254/2025/QH15 stipulating mechanisms and policies to remove difficulties and obstacles in the implementation of the Land Law.

Clause 4 of Article 24 of Decree 101/2024/ND-CP is amended to stipulate the handling of the issuance of Certificates of Land Use Rights and Ownership of Assets Attached to Land for land parcels with increased area due to boundary changes compared to the previously issued land use right documents or certificates as follows:

In cases where a household or individual has been granted a certificate for a portion of a land plot, but the remaining portion did not meet the legal requirements for granting a certificate at the time of the previous issuance, and now meets the requirements for granting a Certificate of Land Use Rights and Ownership of Assets Attached to Land, then consideration will be given to granting the Certificate of Land Use Rights and Ownership of Assets Attached to Land.

Will my land be confiscated if I don’t submit an application for land use extension?

According to Clause 3, Article 172 of the 2024 Land Law, if the land use period expires and no application for extension is submitted, the land use period will not be extended. This means the land will be reclaimed by the competent state agency, except in the following cases:

• In cases of long-term stable land use, land allocation and recognition of agricultural land use rights for individuals directly engaged in agricultural production using land for annual crops, aquaculture, salt production, perennial crops, and planted production forests within a limit of 50 years. Upon expiration of the land use term, the land can be used again for the prescribed period without having to go through the renewal procedure.
• Force majeure as defined by regulations.

When do individuals directly engaged in agricultural production need to go through the procedure for renewing their land use rights?

According to Article 172 of the 2024 Land Law, as guided by Section 1, Chapter VII of Decree 102/2024/ND-CP, individuals directly engaged in agricultural production do not need to renew their land use rights after the 50-year term expires. They are automatically entitled to continue using the land for the prescribed period without needing to go through the renewal process.

Conclusion

Long Phan Consulting Company supports Clients in professionally resolving all issues related to agricultural land use terms for certificates issued prior to the 2024 Land Law under Decree 49/2026. We are committed to protecting the legitimate rights of land users through in-depth and practical consulting solutions.

For direct assistance from our experienced consulting team, please contact us immediately via 1900636389 for timely support.