Procedures for extending individual agricultural land use

Procedures for extending individual agricultural land use is a legal process carried out when the agricultural land use term is about to expire according to current land laws. Land law clearly stipulates the order and procedures for confirming continued use of agricultural land after the expiration of the term, creating a legal basis for land users to exercise their rights. The article below analyzes in detail the process of performing this procedure.

Is it necessary to carry out procedures for extending individual agricultural land use when the land use term expires?

According to the provisions of Point a, Clause 1, Article 172 of the Land Law 2024, the time limit for land allocation and recognition of agricultural land use rights for individuals directly engaged in agricultural production using annual crop land, aquaculture land, salt production land, perennial crop land, and planted production forest land within the limit specified in Article 176 of the Land Law is 50 years. When the land use term expires, you can continue to use the land for the prescribed term without having to go through extension procedures.

Owners of agricultural land in the case specified in Point a, Clause 1, Article 172 of the Land Law 2024 are not required to carry out extension procedures. However, to ensure land ownership rights and facilitate civil transactions related to land use rights, land users can carry out procedures to confirm continued use of agricultural land after the expiration of the term.

Reconfirming the land use term on the Certificate of Land Use Rights helps the owner have a clear legal basis for the land use term, avoiding disputes or problems when exercising the rights of land users such as transferring, mortgaging, and leasing land use rights. This is especially important when the land use term stated on the Certificate has expired.

Procedures to confirm the continued use of agricultural land by individuals after the land use term expires

The process of confirming continued use of agricultural land is detailed in Article 65 of Decree 102/2024/ND-CP with specific implementation steps. Land users need to clearly understand the document components and implementation procedures to ensure their legal rights when the land use term stated on the Certificate has expired.

Profile components

According to regulations in Decision 629/QD-BTNMT, documents confirming the individual’s continued use of agricultural land after the land use term expires include the following documents:

• Written request for re-confirmation of land use term according to Form No. 09 in the Appendix issued with Decree 102/2024/ND-CP (original).
• Issued land use rights certificate (certified or notarized copy; in case of direct submission of a copy without authentication or notarization, the applicant must present the original for the officer receiving the dossier to check and compare).

The number of documents needed to submit is 01 set. The written request for re-confirmation of land use term must clearly state information about the land user, the land plot whose term needs to be re-confirmed, and other relevant information according to the prescribed form.

Customers need to prepare complete documents according to regulations to ensure the processing process takes place quickly and smoothly. Missing documents in the file can lead to extended administrative procedure processing time.

Implementation procedures

The order of implementing procedures to confirm the continued use of agricultural land by individuals after the land use term expires is clearly specified in Article 65 of Decree 102/2024/ND-CP and Decision 629/QD-BTNMT as follows:

Step 1: The land user submits a written request to reconfirm the land use term and the issued certificate at one of the following locations:

• The One-Stop Department follows the regulations of the Provincial People’s Committee on receiving documents and returning results of administrative procedures at the provincial, district and commune levels.
• Land registration office or Land registration office branch.
• Commune-level People’s Committee where the land is located (Commune-level People’s Committee is responsible for transferring documents to the Land Registration Office or Land Registration Office Branch).

Step 2: The Land Registration Office or Land Registration Office Branch conducts:

• Check the file and the validity of the documents in the file.
• Confirm the term of permission to continue using the land according to the term specified in Clause 1, Article 172 of the Land Law on the issued certificate or issue a new Certificate if the land user so wishes.
• Update and adjust land database and cadastral records.

Step 3: Return results of administrative procedures:

• The Land Registration Office or Land Registration Office Branch issues a certificate confirming the new term to the land user.
• Or transfer the certificate to the Commune People’s Committee to pay the land user in case the land user submits the application at the Commune People’s Committee.

Forms of application for confirmation of continued use of agricultural land that customers can choose include:

• Submit directly to the above dossier receiving agencies.
• Submit via public postal service.
• Submit at the location as agreed between the individual and the Land Registration Office, Land Registration Office Branch.
• Submit on the National Public Service Portal or Provincial Public Service Portal or the Provincial Administrative Procedures Information System in cases where the original documents are not required.

Thus, the process of confirming continued use of agricultural land after its expiration has been clearly regulated, creating favorable conditions for people to exercise their legal land use rights, ensuring transparency, publicity and consistency in land management.

Resolution deadline

The time limit for processing procedures to confirm an individual’s continued use of agricultural land after the land use term expires is prescribed as follows:

According to Article 65 of Decree 102/2024/ND-CP and Decision 629/QD-BTNMT, the time limit for implementing procedures is decided by the Provincial People’s Committee but must not exceed 07 working days from the date of receipt of complete and valid documents.

For mountainous and border communes; island; areas with difficult socio-economic conditions; In areas with particularly difficult socio-economic conditions, the implementation time for each administrative procedure will increase by 10 days.

The time limit for resolving procedures does not include the following times:

• The processing time of the agency with land management functions to determine specific land prices according to regulations.
• Processing time of the competent authority regarding the amount deducted from land use fees and land rent according to regulations.
• Tax authority’s resolution time for determining land rental unit price, land use fee, land rental payable, exemption, reduction, debit of land use fee, land rental, fees and charges according to regulations.
• Time to fulfill financial obligations of land users.
• Time for cadastral measurement of land plot.

Customers need to pay attention to the time limit for resolving procedures to be proactive in planning land use and carrying out transactions related to land use rights after confirmation of continued land use.

>>> See more: Enterprises receive agricultural land transfer.

In-depth land use extension consulting services at Long Phan Consulting Company

With in-depth experience in the field of land law, Long Phan Consulting Company provides comprehensive consulting and support services on procedures for extending agricultural land use for individuals.

Long Phan Consulting Company’s agricultural land use extension consulting services include:

• In-depth advice on regulations on extension of agricultural land use according to the Land Law 2024 and guiding documents for implementation.
• Support in preparing documents confirming continued use of agricultural land fully and accurately according to legal regulations.
• Representative to carry out administrative procedures at competent agencies.
• Monitor the progress of processing documents and coordinate with state agencies to resolve arising problems.
• Consulting on the rights and obligations of land users after confirmation of continued land use.

Customers who use Long Phan’s consulting services will receive comprehensive support throughout the process of implementing procedures to extend agricultural land use, helping to save time, effort and ensure documents are resolved quickly and in accordance with the law.

Frequently asked questions about procedures for extending agricultural land use

Below are some frequently asked questions, please refer to:

How long is the agricultural land use term according to the Land Law 2024?

According to the provisions in Point a, Clause 1, Article 172 of the Land Law 2024, the agricultural land use term for individuals directly engaged in agricultural production is 50 years. When the term expires, the land user can continue to use the land for the prescribed term without having to go through extension procedures.

How much does it cost to carry out the procedure to confirm continued use of agricultural land?

Costs for carrying out procedures to confirm continued use of agricultural land include fees and charges according to regulations of the Ministry of Finance and the Provincial People’s Council. Specific fees may vary depending on locality, usually including fees for confirming information on the Certificate and fees for updating and correcting cadastral records.

In case of losing the Certificate of Land Use Rights, how to carry out procedures to confirm continued use of land?

In case of losing the Certificate, the land user needs to carry out procedures to re-issue the Certificate first, then proceed with procedures to confirm continued use of agricultural land. The re-issuance process is carried out according to the provisions of Article 77 of Decree 102/2024/ND-CP on re-issuance of lost Certificates.

Will agricultural land outside the quota be automatically renewed at the end of its useful life?

Agricultural land beyond the limit specified in Article 176 of the Land Law 2024 is not subject to automatic extension. Land users need to carry out extension procedures at the end of the land use term as prescribed in Article 66 of Decree 102/2024/ND-CP on land use extension.

Does an organization using agricultural land apply the same procedures for confirming continued land use as individuals?

No, organizations using agricultural land do not apply the same procedures for confirmation of continued land use as individuals. For organizations, when the agricultural land use term expires, it is necessary to carry out procedures to extend land use according to separate regulations in Article 66 of Decree 102/2024/ND-CP.

Can another person be authorized to continue using agricultural land?

Yes, land users can authorize others to carry out procedures to confirm continued use of agricultural land through a notarized or authenticated authorization document according to the provisions of civil law. The authorized person will carry out administrative procedures on behalf of the principal.

When carrying out procedures to confirm continued use of agricultural land, can land users simultaneously carry out other land-related procedures?

Yes, land users can simultaneously carry out other land-related procedures such as dividing plots, consolidating plots, updating personal information, and registering other changes when carrying out procedures to confirm continued use of agricultural land. However, each procedure will have its own records and the processing time may be longer.

In case of mortgaging agricultural land use rights at a bank, will the confirmation of continued land use be affected?

Confirmation of continued use of agricultural land is not affected by the mortgage status. However, the land user must notify the mortgagee of the implementation of this procedure and may need the mortgagee’s consent when implementing procedures related to the mortgaged Certificate.

Conclude

The procedure for extending individual agricultural land use is an important process that helps protect people’s legal land use rights. Long Phan Consulting Company is ready to support customers in all issues related to this procedure, from consulting to representing administrative procedures. Please contact us immediately via the hotline 0906735386 for in-depth advice and timely support on procedures for extending agricultural land use.