Land use extension will result in land revocation.
Clauses 2 and 3, Article 172 of the 2024 Land Law stipulate land use with a term as follows:
- The land allocation and lease term prescribed in this Article is calculated from the date of the land allocation and lease decision by the competent state agency.
- Extension of land use shall be carried out in the last year of the land use term, except for the case specified in Point a, Clause 1 of this Article. Land users who wish to extend land use shall submit an application for extension at least 6 months before the expiry of the land use term.
If the land user fails to submit the application for extension within the deadline, the land use term will not be extended, except in cases of force majeure. In case the land use term is not extended, the competent state agency shall recover the land in accordance with the provisions of this Law.
Thus, if the land user fails to submit an extension application within the deadline, the land use will not be extended (except in the case mentioned above). At this time, the competent state agency will recover the land according to regulations.
In case of no need to extend land use, it can still be used.
Pursuant to Point a, Clause 1, Article 172 of the 2024 Land Law, it is stipulated as follows: Except for the cases stipulated in Article 171 of this Law, the land use term when the State allocates land, leases land, or recognizes land use rights is stipulated as follows:
+ The term of land allocation and recognition of agricultural land use rights for individuals directly engaged in agricultural production using land for annual crops, aquaculture land, salt-making land, perennial crop land, and production forest land that is planted forest within the limit prescribed in Article 176 of this Law is 50 years.
When the land use term expires, the land can continue to be used according to the term specified in this point without having to carry out extension procedures;
Thus, individuals directly engaged in agricultural production using land for growing annual crops, aquaculture land, salt-making land, perennial crop land, and production forest land, when the land use term expires, may continue to use the land without having to go through extension procedures.
In this case, the land user only needs to complete the procedure to confirm continued use of agricultural land.
