Is there a term of use for residential land in Vietnam? Do bread factories have a land lease term of 60 years in Vietnam?

Is there a term of use for residential land in Vietnam?

Let me ask, I am planning to buy a house. It is known that in the Certificate of land use rights, the house is listed as residential land, with an expiry date of 2070. So when the above expiry date expires, can I get an extension? And if it is extended, how many more years can it be extended? During the time I live, if the above land is confiscated, will I be compensated?

Reply:

According to the provisions of land law, residential land is understood as land used to build houses (also known as residential land).

According to Clause 1, Article 125 of the 2013 Land Law, residential land used by households and individuals is land for long and stable term. Long and stable term means the shelf life cannot be determined. Thus, it is possible that the content of the above land use rights certificate is wrong. Because residential land is used for a long time, your Land Use Rights Certificate states that the land use term is stable. You just need to ask the landlord to carry out the procedures to correct the content on the Land Use Rights Certificate.

According to Article 79 of the 2013 Land Law, compensation for land when the State recovers residential land is specifically as follows:

1. Households and individuals using residential land and overseas Vietnam owning houses associated with land use rights in Vietnam, who are eligible for compensation as prescribed in Article 75 of the Law upon land expropriation by the State, shall be compensated as follows:

a/ If they have no other residential land or houses in the communes, wards or townships in which the expropriated land is located, they shall be compensated with residential land or house. If they have no need for compensation with residential land or house, the State shall compensate them in money;

b/ If they have other residential land or houses in the communes, wards or townships in which the expropriated land is located, they shall be compensated in money. For localities with available land fund, the compensation in the form of land may be considered.

2. For households and individuals that are required to move upon the State’s recovery of land and land-attached houses, if they are ineligible for compensation with residential land and have no other living place, the State shall offer houses for them to buy or lease-purchase, or allocate them residential land with land use levy.

3. Economic organization, overseas Vietnamese and foreign-invested enterprises that are using land for housing projects and are eligible for compensation as prescribed in Article 75 of this Law, shall be compensated for land upon land expropriation by the State.

4. The Government shall detail this Article.

So as long as you meet the prescribed conditions in Vietnam, when your land is recovered by the State, you will be compensated according to each specific case.

Do bread factories have a land lease term of 60 years in Vietnam?

Currently, we want to specialize in making bread production facilities, this facility is located on land leased by the state, but I don't know how many years we will not be able to rent it again when we produce?

Reply:

Pursuant to Clause 3, Article 126 of the 2013 Land Law, it is stipulated as follows:

The term for land allocation or land lease to organizations for the purpose of agriculture, forestry, aquaculture or salt production; to organizations, households or individuals for the purpose of trading and services or for non-agricultural production establishments; to organizations for implementing investment projects; to overseas Vietnamese and foreign-invested enterprises for implementing investment projects in Vietnam, shall be considered and decided on the basis of the investment projects or applications for land allocation or land lease, but must not exceed 50 years.

Based on the above situation in Vietnam, it can be seen that when you produce bread and non-agricultural production establishments, the lease term should not exceed 50 years, according to land laws.

What is term for land allocation for annual crops in Vietnam?

I have a piece of land that is an annual crop land with an area of ​​2.5 hectares. Since 1970, my father has been allocated land by the government for normal production. However, at the end of last month, the government came to notify me about land acquisition. The reason is that the assigned limit has expired. So, according to land law, is it correct?

Reply:

Pursuant to Clause 1, Article 126 of the 2013 Land Law stipulates:

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.

Pursuant to Clause 1, Article 129 of the 2013 Land Law stipulates:

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.

Compare your case where the state has allocated land from 1970 to present (ie 50 years) which is land for growing annual crops and the land allocation term for this type of land is not more than 50 years. Thus, the competent authority coming and working with you on the land allocation time limit is in accordance with the law in Vietnam.

Best regards!