1. How long is the term of use of agricultural land?
According to Article 172 of the 2024 Land Law, agricultural land is a type of land used for a term, accordingly, the term of use of this land in cases of land allocation and land lease is different.
- In case the land plot is used for multiple purposes, the land use term is determined according to the term of the land type used for the main purpose.
- The land use term when receiving the transfer of land use rights for land types with a term is the remaining land use term of the land use term before receiving the transfer of land use rights.
2. Can agricultural land that has expired be sold?
According to the provisions of Clause 1, Article 27 of the 2024 Land Law, land users are allowed to transfer land use rights when they meet the following conditions:
- Having a Certificate, except in cases where a foreign-invested economic institution receiving a real estate project transfer or a household or individual using land that has not been granted a red book but is eligible for issuance.
- Agricultural land is not in dispute.
- Land use rights are not subject to seizure to ensure enforcement of judgments.
- Land within the land use term.
- The right to use agricultural land is not subject to temporary emergency measures.
Thus, in cases where one of the above conditions is lacking, it is not allowed to transfer agricultural land, including cases where the land has expired. In other words, agricultural land that has expired is not allowed to be sold.
