Title: When Does the Agricultural Land Red Book Expire? Can Agricultural Land Be Sold After the Red Book Expires?
When Does the Red Book for Agricultural Land Expire?
Based on Clause 16, Article 3 of the Land Law 2013, it is stated as follows:
The Red Book for land or the Certificate of land use rights, home ownership, and other assets attached to the land is a legal document by which the State confirms the lawful rights to use land, own houses, and other assets attached to the land for those who have land use rights, house ownership, and ownership of other assets attached to the land.
The duration of the Red Book for agricultural land is stipulated in Article 126 of the Land Law 2013, stated as follows:
Land with a Specified Term of Use
1. The term for land allocation and recognition of agricultural land use rights for households and individuals directly engaged in agricultural production as specified in Clause 1, Clause 2, Point b Clause 3, Clause 4, and Clause 5 of Article 129 of this Law is 50 years. When the term expires, households and individuals directly engaged in agricultural production, if they have needs, shall be allowed to continue using the land according to the term stipulated in this clause.
2. The term for leasing agricultural land to households and individuals shall not exceed 50 years. When the lease term expires, households and individuals, if they have needs, shall be considered by the State for continuing the lease.
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Thus, for agricultural land allocated by the State or recognized for households and individuals directly engaged in agricultural production, the land use term is 50 years. When the term expires, households and individuals directly engaged in agricultural production, if they have needs, shall be allowed to continue using the land according to the term stipulated in this clause.
The lease term for agricultural land to households and individuals shall not exceed 50 years. When the lease term expires, households and individuals, if they have needs, shall be considered by the State for continuing the lease.
When does the Red Book for agricultural land expire? When the Red Book expires, can agricultural land be sold? (Image from the Internet)
When the Red Book Expires, Can Agricultural Land Be Sold?
Based on Article 188 of the Land Law 2013, it is stipulated as follows:
Conditions for Exercising the Rights to Exchange, Transfer, Lease, Sublease, Inherit, Donate, Mortgage Land Use Rights; Contribute Capital with Land Use Rights
1. Land users are entitled to exercise the rights to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights; and contribute capital with land use rights when the following conditions are met:
a) Have a Certificate, except for the cases specified in Clause 3, Article 186 and Clause 1, Article 168 of this Law;
b) The land is not disputed;
c) The land use right is not under attachment for law enforcement;
d)** Within the land use term.
2. Besides the conditions specified in Clause 1 of this Article, land users when exercising the rights to exchange, transfer, lease, sublease, inherit, donate land use rights; and mortgage land use rights, contribute capital with land use rights must also meet the conditions specified in Articles 189, 190, 191, 192, 193, and 194 of this Law.
3. The exchange, transfer, lease, sublease, inheritance, donation, mortgage land use rights; and contribute capital with land use rights must be registered with the land registration office and take effect from the time of registration in the land register.
Thus, one of the conditions for transferring land use rights is that the land must still be within its use term. Therefore, when the Red Book expires, agricultural land cannot be sold.
In this case, agricultural land users who want to sell the land need to perform the procedure for extending the land use term first.
How to Extend the Agricultural Land Use Term?
Based on Clause 3, Article 74 of the Decree 43/2014/ND-CP which regulates the procedure for confirming the extension of agricultural land use term on the Certificate for individuals and households as follows:
Step 1: Prepare the documents as stipulated in Clause 10, Article 9 of Circular 24/2014/TT-BTNMT (amended by Clause 1, Article 2 of Circular 09/2021/TT-BTNMT), which include:
- Land change registration application form, assets attached to the land according to Form No. 09/DK. For the case where a parcel is separated from the Certificate that has been issued for many parcels to issue a separate Certificate, there is no need to declare or confirm information at point 5 of part I, parts II and IV of the land change registration application form, assets attached to the land according to Form No. 09/DK;
- Original Certificate of land use rights issued.
Step 2: Submit the application for confirmation of the extension of the land use term to the Commune People's Committee.
Step 3: File Inspection.
The commune-level People's Committee where the land is located shall review the file, confirm that the household or individual is directly using the land for agricultural production without a land recovery decision from a competent state agency, and forward the file to the land registration office.
Step 4: Land registration office confirms the extension of the land use term.
The land registration office reviews the file; confirms the new term of continued land use according to the term stipulated in Clause 1, Article 126 of the Land Law 2013 and Clause 3, Article 210 of the Land Law 2013 on the issued Certificate; edits and updates the land register and land database, and hands over the Certificate to the land user or sends it to the Commune People's Committee for delivery in case the application was submitted at the commune level.
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