What is the maximum number of years that individuals can lease agricultural land from the State in Vietnam? What is the latest application form for leasing agricultural land in Vietnam in 2024?

What is the maximum number of years that individuals can lease agricultural land from the State in Vietnam?

Based on Article 172 of the Land Law 2024 which provides regulations on the limited use of land in Vietnam:

Article 172. Limited use of land

1. Except for cases stipulated in Article 171 of this Law, the term for land use when the State allocates land, leases land, or recognizes land use rights is defined as follows:

a) The term for allocating land, recognizing agricultural land use rights for individuals directly engaged in agricultural production using land for annual crops, aquaculture land, salt production land, land for perennial crops, and production forest land which is planted forest within the limits regulated in Article 176 of this Law is 50 years. Upon expiration of the land use term, the user may continue to use the land in accordance with the terms specified in this point without the need for renewal procedures;

b) The term for leasing agricultural land to individuals is not more than 50 years. Upon expiration of the lease term, if the individual expresses a need, the State may consider continuing to lease the land for an additional term not exceeding 50 years;

c) The term for land allocation or land lease to implement investment projects involving land use is determined based on the project's operational term or the land allocation, lease application but not exceeding 50 years.

For projects with operational terms over 50 years as stipulated by the Investment Law, the term of land allocation or lease is aligned with the project's duration but does not exceed 70 years.

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According to the above regulation, an individual can lease agricultural land from the State for a maximum of 50 years. Upon expiration of the lease term, if the individual expresses a need, the State may consider continuing to lease the land for an additional term not exceeding 50 years.

What is the maximum number of years that individuals can lease agricultural land from the State in Vietnam? What is the latest application form for leasing agricultural land in Vietnam in 2024?​ (Image from the Internet)

What types of land are included in agricultural land category?

Based on Article 4 of Decree 102/2024/ND-CP which details the types of land in the agricultural land category in Vietnam:

[1] Annual crop land is land used for planting crops that are sown, harvested, and complete their production cycle within no more than one year, including perennial annual crops.

Annual crop land comprises rice cultivation land and other annual crop land. To be specific:

- Rice cultivation land is land used for growing one or more rice crops or a combination of rice with other legally permitted land uses where rice cultivation is dominant. Rice cultivation land includes specialized rice land and remaining rice cultivation land, whereby specialized rice land is land used for two or more rice crops per year.

- Other annual crop land is land for growing annual crops other than rice.

[2] Perennial crop land is land used for the purpose of planting crops that are planted once, grow for many years, and are harvested once or multiple times.

[3] Forestry land is land used for the purpose of managing, protecting, and developing special-use forests, protective forests, and production forests as prescribed by forestry law, specifically classified as follows:

- Special-use forest land is land containing special-use forests as defined by forestry law, land allocated for developing special-use forests.

- Protective forest land is land containing protective forests as defined by forestry law, land allocated for developing protective forests.

- Production forest land is land containing production forests as defined by forestry law, land allocated, leased, or repurposed for developing production forests.

[4] Aquaculture land is land specifically used for the purpose of aquaculture.

[5] Intensive livestock farming land is land designated for building intensive livestock farming facilities in separate areas in accordance with livestock law.

[6] Salt production land is land used for the purpose of producing salt from seawater.

[7] Other agricultural land includes:

- Land for seedling and breeding cultivation and land for planting flowers and ornamental plants; land for cultivation, livestock farming, aquaculture for educational and experimental research purposes.

- Land for constructing greenhouses and other types of houses for cultivation and livestock purposes, including non-soil-based farming and livestock methods.

- Land for constructing facilities attached to agricultural production areas, including land for building rest houses, sheds, farms for laborers; land for constructing facilities to store agricultural products, pesticides, fertilizers, machinery, tools, and other support infrastructures.

What is the latest application form for leasing agricultural land in Vietnam in 2024?

Based on Form No. 02b issued with Decree 102/2024/ND-CP which stipulates the land lease application form as follows:

Download the latest agricultural land lease application form.