Land Use Term According to Legal Regulations

Land use term according to legal regulations determines the period during which a subject is allowed to exercise the rights of possession, use, and disposition of land assets. The Land Law establishes a strict system of rules to manage resources, clearly distinguishing between private rights and public interests. This mechanism directly governs real estate transaction activities, project investments, and ensures legal security for land users. The following content by Long Phan Consulting Company will provide a detailed analysis of the specific time frames currently applied.

Land use duration as prescribed by law

According to the regulations issued in the 2024 Land Law, land use duration is classified into: land for long-term stable use and land for limited-term use.

Land for stable, long-term use

According to Article 171 of the Land Law 2024, land is used stably and for a long term in the following cases:

• Residential land.
• Agricultural land used by residential communities as prescribed in Clause 4, Article 178 of the Land Law 2024.
• Special-use forest land; protection forest land; production forest land managed by organizations.
• Commercial and service land, land for non-agricultural production establishments of individuals currently using stably and recognized by the State (not land leased or granted for a definite term by the State).
• Land for constructing agency headquarters (Clause 1 Article 199); land for constructing career works of public service providers (Clause 2 Article 199).
• Land for national defense and security.
• Land for belief; Religious land (Clause 2 Article 213).
• Land used for public purposes not for business purposes.
• Land for cemeteries, funeral homes, cremation facilities; land for storing ashes.
• Land prescribed in Clause 3 Article 173 and Clause 2 Article 174 of the Land Law 2024.

Thus, long-term use land is land granted or recognized by the State without a definite term, meaning the land user has the right to use that land indefinitely, provided they do not violate land laws.

Land with a limited usage period

Land used for a definite term is clearly prescribed in Article 172 of the Land Law 2024, guided by Section 1 Chapter VII of Decree 102/2024/ND-CP as follows:

• Agricultural Land for Individuals: The term for land allocation/recognition of agricultural land use rights for individuals directly engaged in agricultural production (annual crops, aquaculture, salt making, perennial crops, production forests) within the quota is 50 years. Upon expiry, they may continue using the land for this term without having to perform extension procedures.
• Agricultural Lease for Individuals: Not exceeding 50 years. Upon expiry, if there is a demand, the State may consider continuing the lease but not exceeding 50 years.
• Investment Projects: Considered and decided based on the project operation term or application, but not exceeding 50 years.
  • For projects with an operation term of over 50 years under the Law on Investment, the land term follows the project term but not exceeding 70 years.
  • Upon expiry, if there is a demand to continue using, the State may consider extending the land use term but not exceeding the term prescribed in this clause.
• Diplomatic Organizations: Lease term for office construction is not exceeding 99 years. Extension is possible upon expiry.

Note on Extension:

• Extension is carried out in the last year of the land use term.
• Users must submit an extension request dossier no later than 06 months before expiry.
• Failure to submit on time results in no extension (except for force majeure), and the State will recover the land.
• If not extended, the user has 24 months to handle assets on the land to return the ground. After 24 months, the State recovers land without compensation for land/assets.

>> See more: Procedures for extending the land use term of individual investment projects

Land use duration when changing land use purpose

According to Article 173 of the Land Law 2024:

For Individuals:

• Forest land to other types: Term is determined by the term of the new land type. Calculated from the decision date.
• Annual/Perennial crops/Aquaculture/Salt/Production forest to Special-use/Protection forest: Term becomes stable and long-term.
• Agricultural to Non-agricultural: Term is determined by the term of the new land type. Calculated from the decision date.

For Investment Projects:

• Generally determined according to Point c, Clause 1, Article 172 (Project term/Max 50-70 years).
• Exception: Changing from non-agricultural land used stably/long-term to non-agricultural land used for a definite term (or vice versa) results in stable and long-term use (Clause 3 Article 173).

Land use term upon receiving land use rights transfer

According to Article 174 of the Land Law 2024:

• Definite Term Land: The term is the remaining land use time of the term before the transfer. Extension follows Clause 3 Article 172.
• Agricultural Land (Individuals): For agricultural land within the allocation quota received via transfer or debt settlement/court judgment, if the term expires, the user may continue using the land for the term prescribed in Article 172 (50 years) without performing extension procedures.
• Long-term Land: The receiver is entitled to stable and long-term land use.

>>>See more: Land use extension

How can I extend my land use rights?

Based on Clause 3, Article 172 of the Land Law 2024 and Decree 102/2024/ND-CP:

• Time: Performed in the last year of the land use term.
• Deadline: Submit dossier no later than 06 months before expiry.
• Consequence of Late Submission: Extension is denied (except force majeure), and land is recovered.
• Asset Handling: If extension is denied, the user must clear assets. After 24 months from expiry, if assets are not handled, the State recovers without compensation.

>>>See more: Extension of land use when the term of use expires

Long Phan Consulting Company provides land use term consulting services

Long Phan Consulting Company provides comprehensive legal 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 land use rights;
• 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 legal issues arising related to: 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.

With a team of legal professionals possessing extensive practical experience in the real estate sector, Long Phan Consulting Company is committed to providing optimal legal solutions when advising on land use duration.

Frequently asked questions about land use duration

Below, Long Phan Consulting Company provides some frequently asked questions regarding land use duration. We invite interested clients to refer to this information:

If the land use right period expires without renewal, is it possible to extend the land use right period again?

According to Clause 3, Article 172 of the 2024 Land Law, if the land user does not renew the land use extension after the expiration of the land use extension period, the land use extension will not be granted, except in cases where individuals directly engaged in agricultural production use land for annual crops, aquaculture, salt production, perennial crops, or planted production forests within the limits stipulated in Article 176 of the 2024 Land Law, and are allocated land or recognized as having agricultural land use rights, then upon expiration of the land use period, they may continue to use the land for the prescribed period without having to go through the renewal procedure.

Currently, when the land use rights for perennial crops expire, is it necessary to go through the procedure to renew the land use rights?

Based on point a, clause 1, Article 172 of the 2024 Land Law, which regulates land use with a limited term, the term for allocating land for perennial crops within the limits stipulated in Article 176 of the 2024 Land Law is 50 years. Upon expiration of the land use term, the land can be used again for the term stipulated in point a, clause 1, Article 172 of the 2024 Land Law without having to go through the renewal procedure.

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.

Is it mandatory to register a change in land use duration?

According to point g, clause 1, Article 133 of the 2024 Land Law on land registration changes, changes in land use duration result in changes to information in the land certificate (red book), therefore land registration changes must be made if a land certificate has been issued previously.

Is it possible to adjust the land use term?

Based on Clause 17, Article 3 of the 2024 Land Law, adjusting the land use term means that a competent state agency allows a change in the land use term during the land use process. According to the above regulation, the land use term can be adjusted when permitted by a competent state agency.

Conclusion

Mastering the land use term according to legal regulations helps clients protect assets and exercise legal rights optimally. For detailed guidance on extension procedures or handling land dossiers under the Land Law, please contact Long Phan Consulting Company via Hotline 1900636389 for effective and in-depth legal solutions.