Guidance on procedures for land use extension under the Land Law 2024 in Ho Chi Minh City, Vietnam

Guidance on procedures for land use extension under the Land Law 2024 in Ho Chi Minh City, Vietnam (Internet image)

Guidance on procedures for land use extension under the Land Law 2024 in Ho Chi Minh City, Vietnam

On August 07, 2024, the Department of Natural Resources and Environment of Ho Chi Minh City issued Official Dispatch 7789/STNMT-QLD on the implementation of land use extension procedures in Vietnam according to the Land Law 2024.

Regarding the implementation of land use extension procedures for organizations, households, and individuals when the land use term expires, the Department has the following remarks:

According to Clause 3 Article 172 of the Land Law 2024, “the extension of land use is carried out in the final year of the land use term, except as specified in Point a Clause 1 of this Article. The land user requesting an extension must submit the application for extension no later than 6 months before the expiry of the land use term. If the application is not submitted by this deadline, the land use will not be extended, except in cases of force majeure. If the land use is not extended, the competent state authority will recover the land as stipulated by this Law."

According to Clause 1 Article 64 of Decree 102/2024/ND-CP dated July 29, 2024, of the Government of Vietnam providing detailed regulations on certain provisions of the Land Law, “within the timeframe stipulated in Clause 3 Article 172 of the Land Law, land users requesting an extension upon expiry of the land use term must submit one set of application documents for land use extension” which includes the document “a written permission from the competent authority to extend the operation term of the investment project or indicating the operation term of the investment project according to investment law regulations for land use cases requiring the execution of an investment project.”

According to Clause 5 Article 112 of Decree 102/2024/ND-CP, “if the land use term has expired but by the effective date of this Decree, the competent state authority has not recovered the land, the land user can perform the land use extension procedures within 6 months from the effective date of this Decree. If they fail to do so within this period, the state will recover the land, except in cases of force majeure.”

Thus, according to the provisions of the Land Law 2024 and Decree 102/2024/ND-CP mentioned above, “the extension of land use is carried out in the final year of the land use term... The land user requesting an extension must submit the application for extension no later than 6 months before the expiry of the land use term. If the application is not submitted by this deadline, the land use will not be extended” and “if the land use term has expired but by the effective date of this Decree, the competent state authority has not recovered the land, the land user can perform the land use extension procedures within 6 months from the effective date of this Decree. If they fail to do so within this period, the state will recover the land.”

To promptly enforce the Land Law 2024 and Decree 102/2024/ND-CP dated July 29, 2024, of the Government of Vietnam, and ensure the rights, obligations, and legitimate interests of land users, the Department of Natural Resources and Environment requests:

- The Department of Information and Communications to publish the above content on the City’s electronic information portal and notify media agencies about the land use extension for organizations, households, and individuals as stipulated by law in Vietnam;

- The Department of Planning and Investment to review investment projects using land that have expired or are about to expire to conduct adjustments or extensions of investment project timeframes as required by investment laws, forming a basis for the Department of Natural Resources and Environment to carry out land use extension procedures; for expired investment projects that do not qualify for adjustments or extensions, notify the Department of Natural Resources and Environment to proceed with land recovery procedures;

- District-level People's Committees and authorities of Thu Duc City to inform households and individuals using land about the need to extend their land use when it expires and to follow the prescribed procedures;

- The City Land Registration Office and its branch offices to review submitted land use extension applications to forward to the Department of Natural Resources and Environment and the respective District-level Departments of Natural Resources and Environment for processing;

- Organizations, households, and individuals to promptly contact the Department of Planning and Investment for adjustments or extensions of investment project timeframes (for cases previously using land for investment projects) and submit their land use extension applications for expired or nearly expired land use to the Department of Natural Resources and Environment and the respective District-level Departments of Natural Resources and Environment for consideration and extension. If the applications are not submitted by the deadline specified in Clause 3 Article 172 of the Land Law 2024 and Clause 5 Article 112 of Decree 102/2024/ND-CP, the land will be recovered.

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