Citizens send questions to the Ministry of Agriculture and Environment with the content:
In case individuals are leased land by the State for gasoline and oil business (commercial and service land) in the form of annual land rent payment from 2012, it is now proposed to switch to the form of land lease with one-time payment for the entire lease term.
However, compared with the provisions of point b, clause 2, Article 120 of the 2024 Land Law, this case is not suitable for the conditions for converting land lease form.
Currently, Clause 2, Article 11 and Point a, Clause 9 of Resolution 254 have exceptional regulations for cases where the State leases land with annual payment from the land fund managed by agencies and organizations of the State.
Therefore, it is proposed to clarify: In the case where the District (old) People's Committee previously leased commercial and service land in the form of annual payment, in which the leased land area originated from BCS land (unused plain land) managed by the Commune People's Committee, is it allowed to switch to the form of land lease with one-time payment for the entire lease term or not?
Answering this content, the Ministry of Agriculture and Environment said:
Article 217 of the Land Law stipulates:
1. Land managed by state agencies and organizations is land that has not been allocated, not yet leased or has been allocated land for management, including:
a) Land used for public purposes;
b) River, stream, canal, ditch, stream, pond, lake, lagoon, lagoon land;
c) Cemetery land, funeral home, cremation facility; land for ash storage facilities;
d) Land with specialized water surfaces;
e) Special-use forest land, protection forest land, production forest land;
e) Land recovered by the State and assigned to land fund development organizations for management;
g) Land recovered by the State and assigned to the commune-level People's Committee for management in the cases specified in point d, clause 1 and clause 3, Article 82; clause 2, Article 82 in rural areas; clause 5, Article 86; point e, clause 2, Article 181 of this Law;
h) Land handed over, transfer of land use rights of foreign organizations with diplomatic functions when there is no need to use land implemented on the basis of international treaties, international agreements and relevant legal regulations;
i) Agricultural land used for public purposes of communes, wards, and towns;
k) Unused land.
2. State agencies and organizations assigned to manage the land fund specified in Clause 1 of this Article are responsible for managing and preserving the area of land assigned to management; the use of the above-mentioned land fund shall be implemented according to the corresponding land use regime as prescribed by this Law.
Clause 2, Article 4 of Resolution No. 254/2025/QH15 dated December 11, 2025 of the National Assembly stipulates that land leasers are entitled to choose the form of Land Lease with one-time land rent for the entire lease term or annual land lease with one-time land rent (except for cases specified in Clause 3, Article 30 of the Land Law); for investment projects that are using land in cases where the State leases land in the form of annual land rent from land funds managed by state agencies and organizations, they are not allowed to switch to the form of land lease with one-time land rent for the entire lease term.
Article 14 of Decree No. 49/2020/ND-CP dated January 31, 2026 of the Government decentralizing authority to provincial-level People's Committees to implement in the field of land, requests you to contact local agencies and competent persons to be considered and resolved according to their authority and legal regulations.
