A resident in Quang Tri wondered, individuals were leased land by the State for gasoline and oil business (commercial and service land) in the form of annual payment from 2012 (the leased land area originates from condom land managed by the Commune People's Committee), now individuals propose to switch to renting land with one-time payment for the entire lease term, is it possible?
Regarding this content, the Ministry of Agriculture and Environment answers this issue as follows:
Article 217 of the Land Law stipulates:
Land managed by state agencies and organizations is land that has not been allocated, not yet leased or has been allocated land for management, including:
Land used for public purposes; River, stream, canal, ditch, stream, pond, lake, lagoon, lagoon land; Cemetery land, funeral home, cremation facility; ash storage facility land; Land with specialized water surfaces; Special-use forest land, protection forest land, production forest land;
Land recovered by the State and assigned to land fund development organizations for management; Land recovered by the State and assigned to commune-level People's Committees for management in cases specified in point d, clause 1 and clause 3, Article 82; clause 2, Article 82 in rural areas; clause 5, Article 86; point e, clause 2, Article 181 of this Law;
Land handover, transfer of land use rights of foreign organizations with diplomatic functions when there is no need to use land is carried out on the basis of international treaties, international agreements and relevant legal regulations;
Agricultural land used for public purposes of communes, wards, and towns; Unused land.
State agencies and organizations assigned to manage the land fund specified in Clause 1 of this Article are responsible for managing and preserving the allocated land area; the use of the above-mentioned land fund shall be implemented according to the corresponding land use regime according to the provisions of this Law".
Clause 2, Article 4 of Resolution No. 254/2025/QH15 dated December 11, 2025 of the National Assembly stipulates that land leasers are entitled to choose the form of State leasing land with one-time land rent payment for the entire lease term or annual land rent payment (except for cases specified in Clause 3, Article 30 of the Land Law);
For investment projects that are using land in cases where the State leases land in the form of annual land rent payment from the land fund managed by state agencies and organizations, it is not allowed to switch to the form of land lease with one-time land rent payment for the entire lease term.
Article 14 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government decentralizing authority to provincial-level People's Committees to implement in the field of land, please contact local agencies and competent persons for consideration and settlement according to their authority and legal regulations.
State agencies and organizations assigned to manage the land fund specified in Clause 1 of this Article are responsible for managing and preserving the allocated land area; the use of the above-mentioned land fund shall be implemented according to the corresponding land use regime according to the provisions of this Law".
Clause 2, Article 4 of Resolution No. 254/2025/QH15 dated December 11, 2025 of the National Assembly stipulates that land leasers are entitled to choose the form of State leasing land with one-time land rent payment for the entire lease term or annual land rent payment (except for cases specified in Clause 3, Article 30 of the Land Law);
For investment projects that are using land in cases where the State leases land in the form of annual land rent payment from the land fund managed by state agencies and organizations, it is not allowed to switch to the form of land lease with one-time land rent payment for the entire lease term.
Article 14 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government decentralizing authority to provincial-level People's Committees to implement in the field of land, the Ministry of Agriculture and Environment requests people to contact local agencies and competent persons for consideration and resolution according to their authority and legal regulations.
