Vietnam: What is the maximum lease term for riparian alluvial land, coastal alluvial land, and coastal land with water surface?
- What is the maximum lease term for riparian alluvial land, coastal alluvial land, and coastal land with water surface in Vietnam?
- Are households that are using riparian alluvial land, coastal alluvial land, and coastal land with water surface originating from reclamation themselves for agricultural purposes before July 1, 2014 required to carry out procedures for land lease in Vietnam?
- What are the regulations on the formulation and adjustment of land use planning for riparian alluvial land, coastal alluvial land, and coastal land with water surface in Vietnam?
What is the maximum lease term for riparian alluvial land, coastal alluvial land, and coastal land with water surface in Vietnam?
Pursuant to Article 5 of Circular 02/2015/TT-BTNMT as follows:
Lease term of riparian alluvial land, coastal alluvial land and coastal land with water surface
1. Lease term of riparian alluvial land, coastal alluvial land and coastal land with water surface shall be decided by competent state agencies based on the lesee’s demand for land use represented in the investment project, application form for land lease but ensure conformity with progress of socio-economic development planning, plans; local land use planning, plans, and relevant sector planning (if any) approved by competent state agencies.
2. Lease term as prescribed in Clause 1 of this Article shall not exceed 50 years. For projects of large capital with low ROI (return on investment), projects implemented on the administrative division facing socio-economic difficulties and requiring longer lease, lease term shall not exceed 70 years.
3. When lease term expires, any land user who needs extension of land use shall be put into consideration by the state but not exceed the lease term as prescribed in Clause 2 of this Article.
Thus, according to the above regulations, the lease term of riparian alluvial land, coastal alluvial land, and coastal land with water surface in Vietnam is up to 70 years for investment projects in areas with difficult socio-economic conditions or extremely difficult socio-economic conditions.
Upon expiry of the land lease term, if the land user wishes to continue using the land, the State shall consider extending the lease term.
Are households that are using riparian alluvial land, coastal alluvial land, and coastal land with water surface originating from reclamation themselves for agricultural purposes before July 1, 2014 required to carry out procedures for land lease in Vietnam?
Pursuant to Clause 4, Article 6 of Circular 02/2015/TT-BTNMT as follows:
Riparian alluvial land, coastal alluvial land and coastal land with water surface already used for agricultural purpose before July 01, 2014
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4. Organizations, households or individuals that are using riparian alluvial land, coastal alluvial land and coastal land with water surface originating from reclamation themselves without allocation or lease by the state must fulfill procedures for submission to competent state agencies for consideration for land lease.
Thus, according to the above regulations, households that are using riparian alluvial land, coastal alluvial land, and coastal land with water surface originating from reclamation themselves for agricultural purposes before July 1, 2014 are required to carry out procedures for land lease to be considered by competent authorities.
What are the regulations on the formulation and adjustment of land use planning for riparian alluvial land, coastal alluvial land, and coastal land with water surface in Vietnam?
Pursuant to Article 3 of Circular 02/2015/TT-BTNMT (amended and supplemented by Clause 1, Article 5 of Circular 09/2021/TT-BTNMT), the formulation and adjustment of land use planning for riparian alluvial land, coastal alluvial land and coastal land with water surface in Vietnam must comply with the following provisions:
- For localities whose provincial land use planning, district-level land use planning and district-level annual land use plans do not include the use of riparian alluvial land and/or coastal alluvial land, and planning for riparian alluvial land and/or coastal alluvial land within administrative divisions of multiple district-level administrative units, provincial People’s Committees and district-level People’s Committees shall review to revise provincial land use planning, district-level land use planning and district-level annual land use plans.
- Provincial land use planning, district-level land use planning and district-level annual land use plans of coastal districts must include the use of coastal land with water surface according to regulations of law on land.
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