Citizens who sent questions to the Ministry of Agriculture and Environment said that some plots of land have exceeded the filling period, so the state has granted a certificate of land use rights as land for lease and annual payment. Citizens ask if they want to switch to the form of state land for lease and pay one time, can they do so?
Responding to this question, the Ministry of Agriculture and Environment said that Clause 1, Article 30 of the Land Law stipulates: "Economic organizations, public service units, individuals, and people of Vietnamese origin residing abroad, and economic organizations with foreign investment capital that are being leased land by the State for annual land rent collection but are subject to the State leasing land for one-time land rent collection for the entire lease term according to the provisions of this Law and are eligible to switch to land lease with one-time land rent payment for the remaining land lease term and must re-determine the land price to calculate land rent at the time of the decision allowing the conversion of land lease in the form of one-time land rent payment for the entire lease term according to the provisions of this Law."
Clause 2, Article 120 of the Land Law stipulates cases where the State leases land and collects one-time land rent for the entire lease term.
The Ministry said that the content of citizens' requests for guidance on annual land lease to switch to the form of land lease with one-time land rent payment, but the information about the type of land is not clear, so there is no basis for specific answers.
If the type of land that citizens are using is subject to the state leasing land with one-time land rent payment according to the provisions of Clause 2, Article 120 of the Land Law, it can be converted to one-time land lease with one-time land rent payment according to the provisions of Clause 1, Article 30 of the Land Law; the procedures prescribed in Decree 151/2025/ND-CP dated June 12, 2025 of the Government.
"This is a specific case, we request that citizens have documents and records, accompanying documents to send to the local land management agency for guidance according to their authority" - the Ministry of Agriculture and Environment said.
Clause 2, Article 120 of the Land Law stipulates that the state leases land and collects one-time land rent for the entire lease term in the following cases:
a) Using land to implement investment projects in agricultural, forestry, aquaculture, and salt production;
b) Using land in industrial parks, industrial clusters, high-tech parks, workers' accommodation in industrial parks; land used for public purposes for business purposes; using commercial and service land for tourism activities, office business;