Agricultural Land with Expired Extension: Can It Continue to Be Used?

My family has an agricultural parcel whose term of use expired in 2013. In this case, is my family allowed to continue using it?

At Clause 1 of Article 126 of the 2013 Land Law, it is stipulated:

The term for land allocation, recognition of agricultural land use rights for households and individuals directly engaged in agricultural production as per Clause 1, Clause 2, Point b of Clause 3, Clause 4 and Clause 5 of Article 129 of this Law is 50 years. Upon expiry of this term, households and individuals directly engaged in agricultural production, if desired, will continue using the land as per the term specified in this Clause.

Additionally, at Clause 2 of Article 74 of Decree 43/2014/ND-CP guiding the implementation of the Land Law, it is stipulated:

Households and individuals directly engaged in agricultural production who are using agricultural land allocated, recognized, or received the transfer of land use rights from the State, upon expiry of the land use term, will continue using the land as per the term specified in Clause 1 of Article 126 and Clause 3 of Article 210 of the Land Law without undergoing procedures to adjust the land use term.

Therefore, if your family's agricultural parcel's usage term expired in 2013 and renewal procedures have not been completed, you are still allowed to continue using the land without adjusting the land use term (renewal) if the following conditions are met:

- The household or individual is directly engaged in agricultural production.

- Currently using agricultural land allocated, recognized, or received the transfer of land use rights from the State (transfer, donation, conversion).

Sincerely.

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