On the Government Portal, citizens asked: In 1998, Mr. H.V. L was granted a Certificate of Land Use Rights for agricultural land plots by the (old) District People's Committee. He has used the land stably and continuously since 1990, without disputes (confirmed by the Commune People's Committee in 2024).
Now Mr. L is carrying out procedures to renew the Certificate according to the new form, but functional agencies require him to switch to renting land with annual payment on the grounds that "the area exceeds the limit, and the term of use has expired".
Mr. L asked if he has a Certificate of Land Use Rights since 1998, used stably before 1993, is he subject to land lease according to the 2024 Land Law?
Does Clause 2, Article 255 of the 2024 Land Law on continuing to use land without having to transfer to land lease apply to your case?
What do you need to do to get a renewed Certificate without having to transfer to land lease?
The Ministry of Agriculture and Environment answers this question as follows:
Regarding the first question, Article 176 of the Land Law stipulates the limit for agricultural land allocation; therefore, in cases where individuals are using agricultural land allocated before July 1, 2014 but exceed the land allocation limit at the time of allocation, they must transfer to land lease according to the provisions of Clause 1, Article 255 of the Land Law for the area exceeding the limit.
Regarding the content of the second question, land law does not stipulate that individuals using agricultural land are subject to the case of being allocated land by the state with land use fees (Article 119 of the Land Law), so they are not subject to the case applied to the provisions of Clause 2, Article 255 of the Land Law.
Regarding the content of the 3rd question, at point a, point b, clause 1, Article 172 of the Land Law on land use for a limited time, it is stipulated:
1. Except for cases specified in Article 171 of this Law, the land use term when the State allocates land, leases land, and recognizes land use rights is specified as follows:
a) The term of land allocation and recognition of agricultural land use rights for individuals directly engaged in agricultural production using annual crop land, aquaculture land, salt production land, perennial crop land, production forest land that is planted within the limit specified in Article 176 of this Law is 50 years. When the land use term expires, they are allowed to continue using the land according to the term specified in this point without having to carry out extension procedures;
b) The term of agricultural land lease for individuals is no more than 50 years. When the land lease term expires, if individuals have a need, the State will consider continuing to lease land but not for more than 50 years;".
Clause 3, Article 135 of the Land Law on the principle of issuing Certificates of land use rights and ownership of assets attached to land stipulates:
3. Certificates of land use rights and ownership of assets attached to land are only issued after land users and owners of assets attached to land complete financial obligations according to the provisions of law.
In cases where land users and owners of assets attached to land are not subject to financial obligations or are exempted from or owed financial obligations, the Certificate of land use rights and ownership of assets attached to land shall be issued after the competent authority determines that they are not subject to financial obligations or are exempted from or owed financial obligations; in case of annual land lease payment, the Certificate of land use rights and ownership of assets attached to land shall be issued after the competent authority issues a decision to lease land or sign a land lease contract...
To ensure uniform land procedures, in accordance with the content of the case being resolved in the locality, please contact the local agricultural and environmental agency for guidance according to their authority and in accordance with the law.
