Which types of land are re-confirmed for use term?
Land used for a term includes many different types, including cases where when the term expires, households and individuals, if they have a need, can continue to use the land without having to carry out extension procedures. In other words, if needed, users will continue to use the land without the consent of the State.
This regulation is clearly stated in Point a, Clause 1, Article 172 of the 2024 Land Law and Article 65 of Decree 102/2024/ND-CP (the term of land allocation and recognition of agricultural land use rights is 50 years; if necessary, the land can continue to be used for a term of 50 years).
In particular, Article 65 of Decree 102/2024/ND-CP clearly states: People using agricultural land specified in Point a, Clause 1, Article 172 and Clause 1, Article 174 of the Land Law who need to re-confirm the land use term on the issued certificate shall follow the following procedures.
Accordingly, households and individuals directly engaged in agricultural production who are allocated land by the State, recognized land use rights or receive the transfer of agricultural land use rights in the following cases will have their land use term re-confirmed on the issued red book or pink book:
- Land for growing annual crops, aquaculture, and salt production.
- Land for perennial crops.
- Production forest land.
- Land transferred from individuals directly engaged in agricultural production can continue to be used for a term without having to carry out extension procedures.
Documents and procedures for re-confirming land use term
1. Application for re-confirmation of land use term
Households and individuals prepare a set of documents with the following documents:
- Application for registration of changes according to Form No. 09/DK
- Original Certificate
2. Implementation procedures
Pursuant to Article 65 of Decree 102/2024/ND-CP, the order and procedures for confirming the land use term are as follows:
Step 1. Submitting documents
- The locality has organized a one-stop department to receive and return administrative procedure results, households and individuals submit to the one-stop department at the district level (district, district, town, city under province, city under centrally-run city).
- If the locality has not established a one-stop department, households and individuals must submit the dossier to the District Land Registration Office Branch or submit it to the District Land Use Rights Registration Office for places where a Branch of the Land Registration Office has not been established.
Step 2. Receiving documents
Step 3. Processing documents
- The People's Committee of the commune where the land is located checks the dossier, confirming that households and individuals are directly using the land for agricultural production without a decision to reclaim the land from the competent state agency and transfers the dossier to the Land Registration Office.
- The Land Registration Office checks the records; confirms the period of continued land use according to the prescribed time limit in the issued Certificate; edits and updates the cadastral records and land database.
Step 4. Return the result
Implementation period: No more than 7 working days from the date of receipt of valid documents.
The above time does not include the time for receiving documents at the commune, the time for performing financial obligations of land users; does not include the time for considering and handling cases of land use that violate the law, the time for requesting appraisal.
