What does commercial and service land include?
Pursuant to Clause 1, Article 206 of the 2024 Land Law, regulations on commercial, service land, and non-agricultural production land are as follows:
1. Commercial and service land includes land for construction of commercial and service establishments and other works serving business, trade and services.
Non-agricultural production land includes land for construction of non-agricultural production facilities outside industrial parks and industrial clusters.
2. The use of commercial, service land, and non-agricultural production land must comply with planning, land use plans, urban construction planning, rural residential area construction planning approved by competent authorities, and regulations on environmental protection.
Thus, commercial and service land includes land for construction of commercial and service establishments and other works serving business, trade and services.
Conditions for commercial and service land to be granted a long-term red book
Unlike many other types of land, the term of use of commercial and service land can be long-term stable use or short-term use, specifically:
Long-term stable use
Clause 4, Article 171 of the 2024 Land Law stipulates that commercial land, services, and non-agricultural production land of individuals in stable use recognized by the State is not land allocated by the State for a term, leased for a long-term stable term.
If this is the case, the land use term stated in the land use right certificate (red book, pink book) is stated as "long".
Use for a limited period
For land allocated by the State to organizations, households, individuals or leased for commercial and service purposes, the term of use shall be considered and decided on the basis of an investment project or application for land allocation or land lease but not exceeding 50 years.
For projects with large investment capital but slow capital recovery, investment projects in areas with difficult socio-economic conditions, areas with particularly difficult socio-economic conditions and requiring a longer period, the land allocation and land lease term shall not exceed 70 years.
When the term expires, if the land user has a need to continue using the land, the State will consider extending the land use term, but not exceeding the term of the first land allocation or lease.
