Latest regulations on land use term when changing land use purpose in Vietnam

Latest regulations on land use term when changing land use purpose in Vietnam (image from the internet)

Latest regulations on land use term when changing land use purpose in Vietnam

According to the latest regulations currently stipulated in Article 173 of the Land Law 2024, the period of land use when changing the land use purpose is as follows:

- The land use term for individuals when changing the land use purpose is regulated as follows:

+ In the case of changing special-use forest land, protective forest land to other types, the term is determined by the term of the land type after the use purpose is changed. The land use term is calculated from the date of the decision permitting the change of land use purpose;

+ In the case of changing annual crop land, perennial crop land, production forest land, aquaculture land, salt production land to special-use forest land, protective forest land, the land use term is permanently stable;

+ In cases of changing land use purposes between agricultural land types not specified in points a and b, clause 1, Article 173 of the Land Law 2024, individuals may continue using the land according to the original allocated or leased term;

+ In the case of changing agricultural land to non-agricultural land, the land use term is determined by the term of the land type after changing the purpose. The land use term is calculated from the date of the decision permitting the change of land use purpose.

- Additionally, according to clause 2, Article 173 of the Land Law 2024, the land use term for changing the land use purpose to implement an investment project is determined according to the regulations at point c, clause 1, Article 172 of the Land Law 2024, except as stipulated in clause 3, Article 173.

- The land use term for changing the purpose from non-agricultural land used stably and permanently to non-agricultural land with a specified term, or vice versa, is permanently stable.

Regulations on land use term when receiving land use rights transfer in Vietnam

1. The land use term when receiving the transfer of land use rights for land types that have a specified term is the remaining period of the land use term before receiving the transfer. Extensions of land use follow the regulations in clause 3, Article 172 of the Land Law 2024.

In the case of acquiring agricultural land use rights within the limit of land allocation for individuals directly engaged in agricultural production via land use rights transfer or through a mortgage contract to resolve debts, court judgments, decisions enforced by the execution authorities that have been executed, one is allowed to continue using the land according to the term prescribed in Article 172 of the Land Law 2024 without renewal procedures.

2. Those who receive the transfer of land use rights for land types used stably and permanently can utilize the land stably and permanently.

Types of land with permanent use according to Land Law 2024 in Vietnam

1. Residential land.

2. Agricultural land used by the community as stipulated in clause 4, Article 178 of the Land Law 2024.

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

4. Commercial land, service land, non-agricultural production establishment land used stably by individuals recognized by the State, not land allocated or leased by the State for a term.

5. Land for constructing agency headquarters as regulated in clause 1, Article 199 of the Land Law 2024; land for building public service provider facilities as outlined in clause 2, Article 199.

6. National defense and security land.

7. Belief land.

8. Religious land as stipulated in clause 2, Article 213 of the Land Law 2024.

9. Land used for public purposes without commercial objectives.

10. Cemetery land, funeral home land, cremation establishment land; land for storing ashes.

11. Land as stipulated in clause 3, Article 173 and clause 2, Article 174 of the Land Law 2024.

(Article 171 of the Land Law 2024)

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