On the Government Portal, citizens asked: Mr. L.D. K's company received capital contributions with land use rights that are other agricultural land from individuals to implement a pig farm project with a total area of 5 hectares including many land plots with different land use terms.
In which, the term of use of other agricultural land until 2038 is 1.5 ha; the term of use of other agricultural land until 2020 is 3.5 ha.
Currently, Mr. K has completed all procedures regarding environment, construction, and animal husbandry.
Mr. K asked, for the other 3.5 ha agricultural land that has expired since 2020, is his company or individual contributing capital allowed to extend the land use term to continue raising livestock on the total area of 5 ha that his company is using?
The Ministry of Agriculture and Environment answers this question as follows:
Clause 18, Article 4 of the Enterprise Law stipulates that capital contribution is the contribution of assets to form charter capital of a company, including contributing capital to establish a company or contributing additional charter capital of a company that has been established.
Point a, Clause 1, Article 35 of the Enterprise Law stipulates that members of limited liability companies, partnerships and shareholders of joint-stock companies must transfer ownership of contributed assets to the company: for land use rights, the contributer must carry out procedures to transfer ownership of those assets or land use rights to the company according to the provisions of law.
Clause 1, Article 47 of the Enterprise Law stipulates that the charter capital of a limited liability company with two or more members when registering to establish an enterprise is the total value of the contributed capital of the committed members and recorded in the Company's Charter.
Clause 18, Article 3 of the 2024 Land Law stipulates: "18. Extending land use is the competent state agency's permission to continue using land when the term expires according to the purpose being used according to the provisions of this Law".
Clause 2, Article 258 of the 2024 Land Law stipulates: "2. In case the land has been allocated land, leased land, recognized land use rights by the State but the land use term has expired but before the effective date of this Law, the competent state agency has not recovered the land, it is considered for extension of land use or land recovery according to the provisions of this Law".
Clause 3, Article 259 of the 2024 Land Law stipulates: "3. Households that are allocated land without land use fees by the State, allocated land with land use fees, or leased land before the effective date of this Law are allowed to continue using land for the remaining land use term. When the land use term expires, land use is extended in the form of land allocation or land lease to individuals who are members of that household according to the provisions of this Law".
Clause 3, Article 172 of the 2024 Land Law on land used for a limited term stipulates: "3. The extension of land use is carried out in the last year of the land use term, except for the cases specified in point a, clause 1 of this Article. Land users who need to extend land use must submit a dossier requesting extension no later than 06 months before the end of the land use term. After the deadline for submitting a dossier requesting extension, if the land user does not submit a dossier requesting extension, land use is not allowed to be extended, except in cases of force majeure. In case land use is not extended, competent state agencies shall carry out land recovery according to the provisions of this Law".
Article 63a of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the Land Law (supplemented in Clause 9, Article 13 stipulating Decree No. 49/2026/ND-CP of the Government detailing and guiding a number of articles of Resolution No. 254/2025/QH15 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law stipulating cases of force majeure when extending land use as prescribed in Clause 3, Article 172 of the Land Law.
Clause 5, Article 112 of Decree No. 102/2024/ND-CP stipulates: "5. In case the land use term has expired but by the date this Decree takes effect and the competent state agency has not yet recovered the land, the land user is entitled to carry out procedures to extend the land use term within 06 months from the date this Decree takes effect, after this term, if the land user does not carry out procedures to extend, the State recovers the land, except for force majeure cases".
Order and procedures for extending land use
The order and procedures for extending land use are implemented according to the provisions of Article 64 of Decree No. 102/2024/ND-CP, amended and supplemented in Section II, Part VII and form No. 04 of Appendix II attached to Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government stipulating the demarcation of authority of local governments at 02 levels, decentralization and decentralization in the field of land.
At the same time, Clause 1, Article 14 and Clause 1, Article 15 of Decree No. 49/2026/ND-CP have stipulated:
Article 14. Decentralization of authority to provincial-level People's Committees to implement in the field of land
1. Provincial People's Committees have the authority to decide on land recovery, compensation, support, resettlement, land allocation, land lease, permission to change land use purposes, adjust land use term, extension of land use, change of form of land use, recognition of land use rights, approval of agreement on receiving land use rights to implement projects, approval and approval of land use plans.
Based on the Law on Organization of Local Government, Resolution No. 190/2025/QH15 of the National Assembly on handling a number of issues related to the arrangement of the state apparatus and the actual situation of localities, the Provincial People's Committee decides on the decentralization and authorization of agencies and competent persons to perform the tasks specified in this clause to be appropriate".
... Article 15. Regulations on procedures and administrative procedures for land
1. The Provincial People's Committee shall stipulate the order and administrative procedures for land to implement the cases specified in Article 14 of this Decree no later than July 1, 2026, ensuring the reduction and simplification of administrative procedures according to regulations; in which clearly stipulating the responsibilities of agencies and competent persons in the steps of implementing the order and procedures, the maximum time to implement the order and procedures, the components of dossiers to be submitted, including documents proving the subjects eligible for exemption or reduction of financial obligations (if any), and the forms for implementing procedures that must specify information to determine financial obligations for land. While the regulations on the order and administrative procedures for land specified in this clause have not been issued, the Provincial People's Committee shall decide on the application of the order and administrative procedures for land according to the provisions of law before the effective date of this Decree or decide on the order and administrative procedures for land for each specific case".
Based on the above regulations, it is requested that you contact the locality where the land is located to be guided on implementation according to regulations.
