Agricultural land has a useful life of 50 years. So when the time is up, is it mandatory to apply for an extension? Can expired agricultural land LURC be corrected in Vietnam?
Article table of contents
Correction of expired agricultural LURC in Vietnam (Source: Internet)
1. What procedure to extend the expired land use term in Vietnam?
Households and individuals that are directly engaged in agricultural production and have been allocated or recognized land use rights or acquired agricultural land use rights prior to the effective date of this Law, if still having demand at the expiry of the land use term, may use the land within the term prescribed in Clause 1, Article 126 of Land Law 2013 without having to carry out procedures for adjusting the land use term
According to article 126 of the Land Law 2013, the land use term is as follows:
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 Land Law 2013 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 specified above if they need.
Thus, when people are allocated agricultural land by the State for land use, when the land allocation term expires 50, people will be able to use it for another 50 years without having to go through the procedures for adjusting the land use term.
2. Can expired agricultural land LURC be corrected in Vietnam?
2.1. Procedures for correction of granted certificates in Vietnam
Pursuant to Article 86 of Vietnam's Decree 43/2014/ND-CP stipulating the correction of the Certificate as follows:
Step 1: Submit the Certificate with errors
- Land users or owners of land-attached assets shall submit the granted certificates containing errors to the land registration office for correction.
+ For errors due to the fault of land users or owners of land-attached assets, they shall make a written request for correction.
+ In case the Land Registration Office detects that the issued Certificate is incorrect, it shall notify them to the land user or owner of land-attached assets and request the latter to hand over the certificate for correction.
Step 2: Check and handle
- The land registration office shall be responsible for inspecting.
- Make a written record of conclusions on the contents and causes of errors.
- Make a dossier and submit it to a competent agency to make correction in the granted certificate.
- Concurrently correct the erroneous contents in the cadastral records and land database.
Step 3: Issue a new land use right certificate (if any)
In case of correction and the certificate holder requests to change it to the land use right certificate, the land registration office shall submit it to the competent authority for grant of the land use right certificate.
As stipulated above, agricultural land that is assigned land use rights when there is an error in the Certificate can be corrected according to the above provisions.
2.2. Records of correcting errors of agricultural land
In Clause 3, Article 10 of Vietnam's Circular 24/2014/TT-BTNMT, the documents submitted when carrying out the procedures for correcting the issued Certificate include:
- An application for correction in case the land user detects errors in the Certificate;
- The original of the issued Certificate.
Ngoc Nhi
