Based on Clause 2, Article 4 of Decree 102/2024/ND-CP, perennial crop land is a type of land belonging to the group of agricultural land used for the purpose of planting trees that are sown once, grow for many years and yield harvests once or more.
At point a, clause 1, Article 172 of the 2024 Land Law, the term of agricultural land allocation for individuals directly engaged in agricultural production using land for perennial crops within the limits specified in Article 176 of this Law is 50 years.
Referring to Clause 2, Article 176 of the 2024 Land Law, the limit for allocating land for perennial crops to individuals is no more than 10ha for plain areas; no more than 30ha for midland and mountainous areas.
Thus, perennial crop land allocated by the State to individuals directly engaged in agricultural production will have a term of use of 50 years for land allocated within the 10ha limit in the plains and 30ha for the midlands and mountainous areas.
Based on Clause 1, Article 27 of the 2024 Land Law, land users are entitled to transfer land use rights according to regulations.
At point d, clause 1, Article 45 of the 2024 Land Law, one of the mandatory conditions when land users want to transfer land use rights must be that the land must be within the land use term.
When long-term crop land users have expired their land use rights and want to transfer their land use rights, they must carry out extension procedures.
At that time, based on Clause 1 and Clause 3, Article 172 of the 2024 Land Law, in the last year of the land use term, land users who need to extend the land use term must submit a dossier requesting extension no later than 6 months before the end of the land use term. However, in cases where perennial crop land is land allocated by the State to individuals directly engaged in agricultural production, it can still continue to be used when the term has expired, and extension can only be carried out when there is a need.
Therefore, when the term of perennial crop land has expired and the land user wants to transfer it, they must extend the land use term so that they can exercise their transfer rights.
