Does land with expired land term need to be extended?
Pursuant to Article 172 of the 2024 Land Law, the regulations on land used for a limited period are as follows:
(1) Agricultural land has been allocated land by the State, recognizing land use rights for individuals directly producing agricultural production of land for annual crops, aquaculture land, salt making land, perennial crop land, production forest land are planted forests within the limit prescribed in Article 176 of the 2024 Land Law is 50 years.
When the land use term expires, the land can continue to be used according to the term prescribed in this point without having to carry out extension procedures.
(2) For land use extension that is not subject to (1) land users who need to extend land use must submit an application for extension no later than 06 months before the expiration of the land use term.
Past the time limit, the application for extension is required, the land user does not submit the application for extension shall not extend the land use, except for force majeure cases. In case of not being extended for land use, the competent state agency shall carry out land acquisition in accordance with the Land Law 2024.
According to the above content, the extension of land use is not always automatic but depends on the type of land and each specific case.
For agricultural land directly produced by individuals, when the term of use expires, the land will continue to be used without the need for extension procedures.
However, in other cases, land users must carry out land use extension procedures and submit an application for extension at least 6 months before the expiration of the term. If the procedures and time are not followed, the land user will not be granted a extension and the competent state agency will reclaim the land according to the provisions of law.
Is it necessary to pay land use fees for extension of land use?
The extension of land use term is not simply an extension of the land use term but also related to the financial obligations of land users towards the State.
Clause 2, Article 156 of the 2024 Land Law stipulates that when changing the land use purpose prescribed in Points b, c, d, dd, e and g, Clause 1, Article 121 of this Law, the land user must pay land use fees and land rents according to the following regulations:
- Payment of land use levies and one -time land rent for both the lease period equal to the difference between land use levy and land rent of the type of land after changing the purpose of land use and land use levy and land rent of the type of land before changing the land use purpose for the remaining land use time;
- Pay annual land rent according to land type after changing land use purpose.
When the land use term is extended or adjusted, if the land user is subject to paying land use fees and land rents, he/she must pay land use fees and land rents for the extended or adjusted period.
Thus, when extending the land use period subject to payment of land use fees and land rents, the land use fee and land rental fee must be paid for the adjusted period.
