Reader N.V.A asked: Mr. and Mrs. A are civil servants, in 2005, his family was allocated 1,000m2 of land, including 300m2 of residential land and 700m2 of agricultural land (daily crop cultivation) with a term of 20 years.
In 2025, Mr. A's family carried out procedures to confirm the extension of land use, but was refused to process the dossier, because Mr. A and his wife did not directly engage in agricultural production.
Mr. A asked, in the case of agricultural land (annually) of households and individuals recognized by the State for land use rights in the past (before 2005), but now expired, can land users who do not directly engage in agricultural production extend it, or will land be recovered?
Because in this case, when submitting applications for confirmation of continued land use and extension of land use, people are refused on the grounds that they do not directly engage in agricultural production. Currently, in the commune, there are also many cases of households not directly engaged in agricultural production (land allocation for residential land with garden land is annual crop land in the period from 2000-2005) facing the above-mentioned problems.
The Ministry of Agriculture and Environment answers this question as follows:
Clause 18, Article 3 of the 2024 Land Law stipulates:
18. Land use extension is the permission of a competent state agency to continue using land when the term expires according to the purpose being used according to the provisions of this Law".
Clause 2, Article 258 of the 2024 Land Law stipulates:
2. In case the land has been allocated land, leased land, recognized land use rights by the State but the land use term has expired but before the date this Law takes effect, the competent state agency has not recovered the land, it is considered for extension of land use or land recovery according to the provisions of this Law".
Clause 3, Article 259 of the 2024 Land Law stipulates:
3. Households that are allocated land without land use fees by the State, allocated land with land use fees, or leased land before the effective date of this Law are allowed to continue to use land within the remaining land use term. When the land use term expires, land use is extended in the form of land allocation or land lease to individuals who are members of that household according to the provisions of this Law.
Clause 3, Article 172 of the 2024 Land Law on land use for a limited term stipulates:
3. The extension of land use is carried out in the last year of the land use term, except for the cases specified in point a, clause 1 of this Article. Land users who need to extend land use must submit a request for extension at the latest 6 months before the end of the land use term.
After the deadline for submitting a request for extension, if the land user does not submit a request for extension, the land use term is not extended, except in cases of force majeure. In case the land use term is not extended, the competent state agency shall carry out land recovery according to the provisions of this Law".
Article 63a of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the Land Law (supplemented in Clause 9, Article 13 stipulating Decree No. 49/2026/ND-CP of the Government detailing and guiding a number of articles of Resolution No. 254/2025/QH15 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law stipulates cases of force majeure when extending land use as prescribed in Clause 3, Article 172 of the Land Law.
Clause 5, Article 112 of Decree No. 102/2024/ND-CP stipulates:
5. In case the land use term has expired but by the date this Decree takes effect and the competent state agency has not yet recovered the land, the land user is entitled to carry out procedures to extend the land use term within 06 months from the date this Decree takes effect, after this term, if the land user does not carry out procedures to extend it, the State will recover the land, except for force majeure cases".
The order and procedures for extending land use are implemented according to the provisions of Article 64 of Decree No. 102/2024/ND-CP, amended and supplemented in Section II, Part VII and form No. 04 of Appendix II attached to Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government stipulating the decentralization of authority of local authorities at 2 levels, decentralization of authority, and decentralization in the field of land.
At the same time, Clause 1, Article 14 and Clause 1, Article 15 of Decree No. 49/2026/ND-CP have stipulated:
Article 14. Decentralization of authority to the Provincial People's Committees to implement in the field of land.
1. Provincial People's Committees have the authority to decide on land recovery, compensation, support, resettlement, land allocation, land lease, permission to change land use purposes, adjust land use term, extension of land use, change of form of land use, recognition of land use rights, approval of agreement on receiving land use rights to implement projects, approval and approval of land use plans.
Based on the Law on Organization of Local Government, Resolution No. 190/2025/QH15 of the National Assembly on handling a number of issues related to the arrangement of the state apparatus and the actual situation of localities, the Provincial People's Committee decides on the decentralization and authorization of agencies and competent persons to perform the tasks specified in this clause to be appropriate.
... Article 15. Regulations on procedures and administrative procedures for land
1. Provincial People's Committees shall stipulate the order and administrative procedures for land to implement the cases specified in Article 14 of this Decree no later than July 1, 2026, ensuring the reduction and simplification of administrative procedures according to regulations; in which clearly stipulate the responsibilities of agencies and competent persons in the steps of implementing the order and procedures, maximum time to implement the order and procedures, components of dossiers to be submitted, including documents proving subjects eligible for exemption or reduction of financial obligations (if any), and forms for implementing procedures that must specify information to determine financial obligations related to land.
While regulations on procedures and administrative procedures for land specified in this clause have not been issued, the Provincial People's Committee shall decide on the application of procedures and administrative procedures for land according to the provisions of law before the effective date of this Decree or decide on procedures and administrative procedures for land for each specific case".
Based on the above regulations, please contact the commune-level People's Committee where the land is located for guidance on implementation according to regulations.
