Will not having a land use extension result in confiscation?

Article overview

The land use extension is a procedure that helps land users maintain legal ownership of their land plot after the prescribed period expires. At the same time, it helps ensure stability in the use and development of assets on land. Please follow Long Phan’s article below to help you better understand the land use extension process, legal regulations, and important notes to help the extension be carried out quickly and in accordance with regulations.

Things to note if there is no land use extension
Things to note if there is no land use extension

Regulations on types of land with limited use periods

Pursuant to Article 172 of the Land Law 2024, it clearly stipulates types of land for limited use. Determining the land use term directly affects the rights and obligations of land users. Specifically, except for the cases specified in Article 171 of the Land Law 2024, types of land that the State allocates, leases land, and recognizes land use rights with a term of use include:

  • Agricultural land 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 limits prescribed in Clause 1 of this Article 176 Land Law 2024.
  • Agricultural land for individuals.
  • Land for implementing investment projects using land.
  • Land for construction of headquarters of foreign organizations with diplomatic functions.

If the land use term expires and I do not apply for an extension, will the State revoke it?

The land use extension according to the provisions of the Land Law 2024 is a necessary procedure, helping land users maintain legal use rights after the granted term expires.

According to Clause 3, Article 172 of the Land Law 2024, land users must submit a request for extension no later than 6 months before the end of the land use term. Past the deadline for submitting the application for extension, if the land user does not submit the application for extension, the land use extension will not be granted, except in cases of force majeure.

In addition, in case the land use is not extended, the competent state agency shall recover the land according to regulations.

However, there are many cases where land users do not need to carry out land extension procedures as prescribed in Point a, Clause 1, Article 172. This applies to individuals directly engaged in agricultural production using land for annual crops, aquaculture land, salt-making land, perennial crop land, and production forest land that is planted forest.

Thus, when the land use term expires and you do not apply for an extension, the land may be revoked by the state.

Land confiscation if the land use extension procedures are not completed
Land confiscation if the land use extension procedures are not completed

These types of soil are used for long-term stability

Based on Article 171 of the Land Law 2024, the following types of land can be used for long-term stability:

  1. Residential land.
  2. Agricultural land is used by the residential community
  3. Special-use forest land; protective forest land; Production forest land is managed by the organization.
  4. Commercial land, service land, land for non-agricultural production establishments of individuals that are in stable use are recognized by the State and are not land allocated or leased by the State for a term.
  5. Land to build agency headquarters; Land for construction of public works of public service units.
  6. National defense and security land.
  7. Land of beliefs.
  8. Religious land.
  9. Land used for public purposes and not for business purposes.
  10. Cemetery land, funeral homes, cremation facilities; Base land for storing ashes.
  11. Land specified in Clause 3, Article 173 and Clause 2, Article 174 of the Land Law 2024.
Soil types are used for a long time and stably
Soil types are used for a long time and stably

Consulting and support services for applying for land use extension quickly and effectively in Long Phan

With requests for extension at the end of the land use term, Long Phan provides comprehensive consulting services, meeting all customer needs and ensuring effective implementation of procedures. The following are the services that Long Phan includes:

  • Consulting on types of land that are used for a limited period and must be renewed when the term expires
  • Consulting on time to apply for extension
  • Support in drafting dossiers for land use extension
  • Consulting on how to resolve when the extension deadline has passed but the extension has not yet been renewed
  • Support and represent customers in working with state agencies when implementing procedures
  • Representing the customer in carrying out procedures for extending the land use term
  • Support in resolving problems that arise during the implementation of procedures.

Land use extension is a procedure that helps land users continue to maintain the right to use their land plot after the term expires. To protect your rights and save time, please contact Long Phan immediately via the hotline 0906735386. Long Phan’s team will advise and propose optimal solutions, and helping you carry out procedures quickly and in accordance with legal regulations.