What is garden soil?
The 2024 Land Law divides land into 3 groups: Agricultural land, non-agricultural land, and unused land.
Although the current law does not specify what garden land is, in practice garden land is understood as land used to grow annual or perennial crops in a separate plot of land or located on the same plot of land as residential land.
Term of use of garden land
Garden land is classified as agricultural land, except for the case of residential land and other non-agricultural land areas that are used by land users as yards and gardens because they have not been used for construction.
Therefore, according to Point a, Point b Clause 1 Article 172 Land Law 2024, the term of use of garden land is as follows:
+ The term of use is 50 years for garden land allocated by the State or recognized by the State for agricultural land use rights for households and individuals directly engaged in agricultural production.
+ The State leases garden land to households and individuals with a land use term of no more than 50 years.
Extension of usage period for garden land when usage period expires
When the garden land expires, the land user does not need to carry out the extension procedure. Because the garden land is allocated by the State, when the term expires, households and individuals directly engaged in agricultural production, if they have a need, can continue to use the land for a term of 50 years.
When the lease term of State-leased garden land expires, households and individuals, if in need, will be considered by the State for continued lease of the land, but not for more than 50 years.
How to change the purpose of using garden land to residential land
Point b, Clause 1, Article 121 of the 2024 Land Law stipulates that people who want to convert garden land to residential land must submit an application for permission to change the purpose of use to the competent authority.
People do not arbitrarily change the land use purpose to residential land or they will be fined and forced to restore the original state.
