Lease term of riparian alluvial land, coastal alluvial land and coastal land with water surface in Vietnam

Lease term of riparian alluvial land, coastal alluvial land and coastal land with water surface in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on allocation, leasing of riparian alluvial land, coastal alluvial land and coastal land with water surface in Vietnam 

Regulations on allocation, leasing of riparian alluvial land, coastal alluvial land and coastal land with water surface according to Article 4 of Circular 02/2015/TT-BTNMT (amended in Circular 24/2019/TT-BTNMT) ) as follows:

-  Riparian alluvial land, coastal alluvial land that are not yet used shall be allocated or leased out by People’s committees of competent authorities; coastal land with water surface that is not yet used shall be leased out by People’s committees of competent authorities and the regime of land use shall be applied in conformity with land use purpose as prescribed in the Law on Land.

- Leasing of coastal land with water surface is instructed in Article 52 and Article 58 of the Land Law, Articles 13, 14 of Decree 43/2014/ND-CP.

- Competent People's Committees shall decide to lease land and recover land with coastal water surface as prescribed in Article 59 of the Land Law.

The allocation and lease of land with coastal water surface from the average lowest sea level for many years to the mainland shall comply with the provisions of the land law.

In case an investment project uses the sea surface measured from the average lowest sea level for many years or more toward the sea, it must comply with the law on the assignment of certain sea areas to organizations or individuals for the exploitation and use of marine resources.

2.  Lease term of riparian alluvial land, coastal alluvial land and coastal land with water surface in Vietnam 

Lease term of riparian alluvial land, coastal alluvial land and coastal land with water surface according to Article 5 of Circular 02/2015/TT-BTNMT is as follows:

- Lease term of riparian alluvial land, coastal alluvial land and coastal land with water surface shall be decided by competent state agencies based on the lesee’s demand for land use represented in the investment project, application form for land lease but ensure conformity with progress of socio-economic development planning, plans; local land use planning, plans, and relevant sector planning (if any) approved by competent state agencies.

- Lease term as prescribed in Clause 1 of Article 5 of Circular 02/2015/TT-BTNMT shall not exceed 50 years. For projects of large capital with low ROI (return on investment), projects implemented on the administrative division facing socio-economic difficulties and requiring longer lease, lease term shall not exceed 70 years.

- When lease term expires, any land user who needs extension of land use shall be put into consideration by the state but not exceed the lease term as prescribed in Clause 2 of Article 5 of Circular 02/2015/TT-BTNMT.

3. Formulation and adjustment of land use planning for riparian alluvial land, coastal alluvial land and coastal land with water surface in Vietnam

Formulation and adjustment of land use planning for riparian alluvial land, coastal alluvial land and coastal land with water surface according to Article 3 of Circular 02/2015/TT-BTNMT (amended in Circular 09/2021/TT-BTNMT) as follows:

- For localities whose provincial land use planning, district-level land use planning and district-level annual land use plans do not include use of riparian alluvial land and/or coastal alluvial land, and planning for riparian alluvial land and/or coastal alluvial land within administrative divisions of multiple district-level administrative units, provincial People’s Committees and district-level People’s Committees shall review to revise provincial land use planning, district-level land use planning and district-level annual land use plans.

- Provincial land use planning, district-level land use planning and district-level annual land use plans of coastal districts must include use of coastal land with water surface according to regulations of law on land.

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