When is the land use term of the investment project adjusted in Vietnam?

When is the land use term of the investment project adjusted in Vietnam?

Based on Article 175 of the Land Law 2024, the adjustment of the land use term of an investment project is regulated as follows:

Adjustment of the land use term of an investment project

1. The adjustment of the land use term for an investment project that uses land before the expiration of the land use term must meet the following conditions:

a) Compliance with the district-level land use planning;

b) Having a written request to adjust the land use term of the investment project;

c) Having fulfilled the financial obligations regarding land to the State as prescribed by law;

d) Not falling under the cases of land revocation specified in Article 81 of this Law;

e) Having a written document from the competent authority regarding the adjustment of the investment project according to the provisions of the law that changes the project's operating term;

f) Meeting the environmental conditions as prescribed by the law on environmental protection.

2. The land use term of the project after being adjusted shall not exceed the term prescribed in point c, clause 1, Article 172 of this Law.

According to the Land Law 2024, the adjustment of the land use term for an investment project that uses land before the expiration of the land use term must meet the following conditions:

- Compliance with the district-level land use planning;

- Having a written request to adjust the land use term of the investment project;

- Having fulfilled the financial obligations regarding land to the State as prescribed by law;

- Not falling under the cases of land revocation due to violations of land laws, including:

+ Using land for purposes other than those assigned by the State, leasing land, recognizing land use rights, and being fined for administrative violations of land use that continue to be violated.

+ Land users who damage land and have been fined for administrative violations of land damage that continue to be violated.

+ Land assigned or leased to the wrong subjects or without proper authority.

+ Land received through transfer or donation from the person assigned or leased the land by the State, but the land is not allowed to be transferred or donated according to regulations.

+ Land assigned by the State for management but encroached or occupied.

+ Land users who fail to fulfill financial obligations to the State.

+ Annual crop land and aquaculture land that is not used continuously for 12 months and has been fined for administrative violations without putting the land into use according to the time limit stated in the decision on administrative violations;

+ Perennial crop land that is not used continuously for 18 months, forest land that is not used continuously for 24 months, and has been fined for administrative violations without putting the land into use according to the time limit stated in the decision on administrative violations;

+ Land assigned, leased, allowed to change land use purposes, recognized land use rights, or transferred land use rights for investment projects that are not used within 12 months from the date of receiving the land on-site or the land use progress is delayed by 24 months compared to the progress stated in the investment project;

+ In case the land is not put into use or the land use progress is delayed compared to the progress stated in the investment project, the investor is allowed to extend the use for no more than 24 months and must pay additional amounts to the State corresponding to the land use fee, land rental fee for the extended period;

+ When the extended term expires and the investor still fails to put the land into use, the State shall revoke the land without compensation for the land, assets attached to the land, and the remaining investment costs.

- Having a written document from the competent authority regarding the adjustment of the investment project according to the provisions of the law that changes the project's operating term;

- Meeting the environmental conditions as prescribed by the law on environmental protection.

When is the land use term of the investment project adjusted in Vietnam? (Image from the Internet)

What is the kind of land for stable long-term use in Vietnam?

Based on Article 171 of the Land Law 2024 stipulating land for stable long-term use, including:

- Residential land.

- Agricultural land used by the community;

- Special-use forest land; protective forest land; production forest land managed by organizations.

- Commercial land, service land, non-agricultural production base land of individuals that are stably used and recognized by the State without being land assigned by the State with a time limit, for lease.

- Land for constructing headquarters of the following agencies:

+ Communist Party of Vietnam agencies;

+ State agencies;

+ Vietnam Fatherland Front;

+ Political - social organizations;

+ Political - social - professional organizations;

+ Social - professional organizations;

+ Social organizations;

+ Other organizations established according to legal regulations and assigned tasks, supported with regular operating funds by the State.

- Land for constructing works of public service units;

- National defense and security land.

- Belief land.

- Religious land.

- Land for public purposes without business purposes.

- Cemetery land, funeral home, crematorium; land for preserving ashes.

- Non-agricultural land for stable long-term use converted to non-agricultural land with a time limit;

- Non-agricultural land with a time limit converted to non-agricultural land for stable long-term use;

- Land for stable long-term use.

Which behaviors are prohibited regarding land?

Based on Article 11 of the Land Law 2024 stipulating prohibited behaviors regarding land, including:

- Encroaching on land, occupying land, destroying land.

- Violating legal regulations on state management of land.

- Violating land policies for ethnic minority people.

- Abusing positions, powers to violate legal regulations on land management.

- Not providing information or providing inaccurate land information that does not meet the deadline requirements as stipulated by law.

- Not preventing, not handling violations of land laws.

- Not implementing correctly legal regulations when exercising land user rights.

- Using land, conducting land use transactions without registering with competent authorities.

- Not fulfilling or not fully fulfilling financial obligations to the State.

- Obstructing, causing difficulties in land use, exercising land user rights as stipulated by law.

- Discriminating by gender in land management and use.

Best Regards!