Procedure for Adjusting Land Use Term in Vietnam

The procedure for adjusting land use term for investment projects is governed by the Land Law 2024. Compliance with land use term regulations ensures the legal validity of an investment project. This analysis details the steps for executing the procedure for adjusting land use term.

Conditions for Adjusting Land Use Term

Based on Clause 17, Article 3 and Article 175 of the Land Law 2024, adjusting land use term is the act by a competent state agency to permit a change in the land use duration. An investment project must meet the following fundamental conditions:

• Consistency with the district-level land use plan.
• A formal written request from the project investor to adjust the land use term.
• Full settlement of all financial obligations related to land with the State.
• The project is not subject to land revocation due to violations of land laws.
• An official document from a competent authority approving the investment project adjustment, which includes a change in the project’s operational duration.
• Compliance with environmental conditions as stipulated by environmental protection laws.

Investors must ensure their project aligns with planning, fulfills financial duties, and adheres to land and environmental laws. These legal grounds are critical for the competent authority to consider and approve an extension, promoting transparency and stability in land administration.

The Procedure for Adjusting Land Use Term

The administrative process for adjusting land use term formalizes the change in the duration of land use previously allocated, leased, or recognized by the State. This procedure validates the extended land use and serves as the basis for updating information on the Land Use Right Certificate and in the cadastral record system.

Dossier Composition

A land user seeking to adjust the land use term must submit one complete dossier set to the receiving authority, as specified in Clause 6, Section III, Part VII of Decree 151/2025/NĐ-CP. The dossier includes:

• A written request for adjusting land use term for the investment project, following Form No. 12 issued with Decree 151/2025/NĐ-CP.
• A document from the competent authority permitting the change in the investment project’s operational duration as per investment laws.
• One of the following legal documents:
  • A Certificate of Land Use Rights and Ownership of Assets Attached to Land. This legal certificate, issued by the state, confirms the legitimate rights of the user. Assets eligible for this certificate include houses and construction works attached to the land.
  • One of the following certificates issued before the effective date of the current Land Law: Certificate of Land Use Rights; Certificate of House Ownership and Residential Land Use Rights; Certificate of House Ownership; Certificate of Construction Work Ownership; or a Certificate of Land Use Rights, Ownership of Houses, and Other Assets Attached to Land.
  • A decision on land allocation, land lease, or permission to change the land use purpose issued by a competent state agency throughout different legal periods.

Preparing a complete and accurate dossier is essential for adjusting land use term. It shortens processing time and ensures the validity of the administrative procedure.

>>> See more at: APPLICATION FOR ADJUSTMENT OF LAND USE PERIOD 2025

Implementation Procedure

The process for adjusting land use term for an investment project follows the regulations in Section III, Part VII of Decree 151/2025/NĐ-CP. The specific process varies:

• The decision for adjusting land use term is issued either as a separate decision (Form No. 27 of the Decree) or as an amendment to the existing land allocation, lease, or change of purpose decision (Form No. 08 of the Decree).
• For projects where the land user pays land use fees or rent based on the state’s price list, the procedure mirrors the standard process for land allocation and lease under this payment scheme.
• For projects exempt from land use fees (land allocation without land use fee collection), the procedure aligns with the process for such cases.
• For projects where the land user pays land use fees or rent based on a specific land price, the procedure follows the corresponding process for land allocation and lease with specific price determination.

The fundamental steps of the procedure are as follows:

1. Submission: The land user prepares and submits one dossier set to the “One-Stop Shop” department, as regulated by the provincial People’s Committee for handling administrative procedures.
2. Appraisal: Specialized agencies for agriculture and environment review the legality and content of the request. They then submit the case to the provincial People’s Committee to issue a decision on adjusting land use term.
3. Update: Following the decision, the land registration office updates and amends the information in the cadastral records and the land database. It registers the land change.
4. Result: The land user receives the final result confirming the adjustment.

This procedure for adjusting land use term ensures a clear and transparent process from dossier submission and appraisal to the final decision and database update.

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

Financial Obligations

When adjusting land use term, the land user must fulfill all corresponding financial obligations as stipulated in Clause 3, Article 31 of the Land Law 2024:

• Payment of land use tax, including non-agricultural and agricultural land use taxes, unless exempt.
• Land use fees when allocated land with fee collection, permitted to change land use purpose, or having land use rights recognized where fees are applicable.
• Land rent when leasing land from the State.
• Personal income tax from the transfer, gift, or inheritance of land use rights, unless exempt.
• Registration fees for land use rights.
• Fees for the issuance of a Certificate by the State.

Fulfilling these financial obligations is a mandatory requirement that ensures the legality and transparency of the land use and investment project.

>>> See more at: Dispose of assets on land at the end of the land use period without extension

Consulting Services from Long Phan Consulting Company

Long Phan Consulting Company provides comprehensive legal consulting services on the process and procedure for adjusting land use term in compliance with the law. Our services include:

• Advising on the conditions for adjusting land use term.
• Assessing the legal status of the land plot, including land type, purpose, and current use term.
• Guiding the preparation of a complete dossier for the adjustment procedure.
• Consulting on associated financial obligations.
• Acting on your behalf to submit dossiers, work with competent state agencies, monitor progress, and assist with updating the Land Use Right Certificate.
• Advising on related legal issues such as land use planning, change of use purpose, issuance of new certificates, and preservation of land use duration.

With a team of lawyers and legal specialists experienced in real estate, Long Phan Consulting Company delivers optimal legal solutions for adjusting land use term and navigating state agency processes.

Frequently Asked Questions

Here are some common questions regarding the procedure for adjusting land use term:

Are there fees for adjusting the land use term?

Yes, fees include the certificate issuance fee, dossier appraisal fee, and any arising financial obligations.

What are the consequences of not adjusting the land use term?

The land user may face administrative penalties. The extended use period may not be legally recognized, affecting investment, transfer, mortgage, or access to credit.

What form does the final decision take?

It can be a separate adjustment decision or an amendment to the previously issued decision on land allocation, lease, or change of use purpose.

What is the implementation process?

The process involves: preparing and submitting the dossier; appraisal by agriculture and environment agencies, including potential field checks and gathering related opinions; submission to the competent People’s Committee for a decision; and updating cadastral records and the land database.

Which agency approves the adjustment?

The provincial or district-level People’s Committee has the authority, depending on the land type and project scale.

Can a third party be authorized to handle the entire procedure?

Yes, a land user can authorize a lawyer, a notary organization, or an individual via a notarized/certified power of attorney to represent them in submitting the dossier, monitoring the process, and receiving the results.

How is the land price for financial obligations determined?

The land price is based on the price list issued by the provincial People’s Committee or a specific price determined by the competent authority at the time the decision for adjusting land use term is issued.

Conclusion

When it is necessary to adjust a land use term, clients must strictly adhere to the conditions and procedures of the Land Law 2024 to succeed. The procedure for adjusting land use term requires careful legal navigation. Long Phan Consulting Company is ready to provide professional and prompt assistance to complete this procedure. Contact our hotline at 1900.63.63.89 for expert consultation.