Is it mandatory to extend land use term for aquaculture land in Vietnam?

Is it mandatory to extend land use term for aquaculture land in Vietnam?

In Clause 2, Article 74 of Decree No. 43/2014/ND-CP, there are regulations on order and procedures for extension of land use term; certification of continued use of agricultural land of households and individuals upon expiration of the land use term as follows:

2. Households and individuals directly engaged in agricultural production that are using agricultural land allocated, or with land use rights recognized, by the State, or acquired through transfer, may continue to use such land according to the term prescribed in Clause 1, Article 126 and Clause 3, Article 210 of the Land Law upon the expiration of the land use term without having to register the adjustment of the land use term.

In Clause 1, Article 10 of the 2013 Land Law, there are provisions on land classification as follows:

Depending on land use purpose, land is classified into the following types:

1. Agricultural land, including:

a/ Land for cultivation of annual crops, including paddy land and land for cultivation of other annual crops;

b/ Land for cultivation of perennial trees;

c/ Land for production forests;

d/ Land for protection forests;

e/ Land for special-use forests;

f/ Land for aquaculture;

g/ Land for salt production;

h/ Other agricultural land, including land used to build greenhouses and other building types for cultivation purpose, including fanning not directly on the land, or to build breeding facilities for cattle, poultry and other animals as permitted by law; land for cultivation, breeding and aquaculture for the purpose of learning, research or experimentation; land for planting and nursing seedlings and breeders, and land for growing flowers and ornamental plants.

According to this Article, aquaculture land belongs to the group of agricultural land. Therefore, in case an individual is allocated, recognized or acquired through transfer the right to use aquaculture land, he/she is not required to extend the land use term when the land use term expires in Vietnam.

What is term for aquaculture land allocation for individuals directly engaged in agricultural production in Vietnam?

In Clause 1, Article 126 of the 2013 Land Law, there are regulations on land used for limited term as follows:

1. The term for land allocation, recognition of agricultural land use rights for households and individuals directly engaged in agricultural production as prescribed in Clauses 1 and 2, at Point b, Clause 3, in Clauses 4 and 5, Article 129 of this Law is 50 years. When the term expires, households or individuals directly engaged in agricultural production that have demand may continue using land in accordance with the land use term prescribed in this Clause.

In Clause 1, Article 129 of the 2013 Land Law, it is stipulated as follows:

1. The allocation quotas for land for annual crops, aquaculture and salt production for each household or individual directly engaged in agricultural production are prescribed as follows:

a/ Not exceeding 3 hectares for each type of land in provinces and centrally run cities in the southeast region and Mekong Delta region;

b/ Not exceeding 2 hectares for each type of land in other provinces and centrally run cities.

According to this Article, the term for aquaculture land allocation to directly engaged in agricultural production in Vietnam is 50 years. After 50 years, if the individual needs it, they will continue to use it.

What are procedures for re-certification of land use term for individuals directly used aquaculture land for agricultural production in Vietnam?

In Clause 3, Article 74 of Decree No. 43/2014/ND-CP, it is stipulated as follows:

3. A household or an individual specified in Clause 2 of this Article that wishes to have the land use term re-certified in the certificate shall comply with the following order and procedures:

a/ The land user shall submit a dossier of request for re-certification of land use term;

b/ The commune-level People’s Committee of the place where the land is located shall check the dossier and give certification that the household or individual is directly using land for agricultural production and there is no land recovery decision of a competent state agency, and send the dossier to the land registration office;

c/ The land registration office shall check the dossier; certify the duration for continued land use according to the term prescribed in Clause 1, Article 126 and Clause 3, Article 210 of the Land Law in the granted certificate; adjust and update the change in the cadastral records and land database, and hand over the certificate to the land user or send it to the commune-level People’s Committee for handover, in case of submission of dossiers at commune level.

Thus, the procedure for re-certification of land use term for individuals directly used aquaculture land for agricultural production in Vietnam is carried out as above.

Best Regards!