Lawyer Nguyen Thu Thuy, YouMe Law Company Limited replied:
Clause 2, Clause 3 and Clause 4, Article 172 of the Land Law 2024 stipulates land use with a limited term as follows:
2. The land allocation or land lease term specified in this Article is calculated from the date of the land allocation or land lease decision of the competent state agency.
3. Land use extension is carried out in the last year of the land use term, except for the cases specified in Point a, Clause 1, this Article. Land users wishing to extend land use must submit an extension request no later than 6 months before the end of the land use term. Past the deadline for submitting the application for extension, if the land user does not submit the application for extension, the land use extension will not be granted, except in cases of force majeure. In case the land use extension is not granted, the competent state agency shall recover the land according to the provisions of this Law.
4. In case the land use is not extended, the land user is responsible for handling assets attached to the land to return the premises to the State. After 24 months from the end of the land use term, if the land user does not dispose of the assets, the State will recover the land without compensation for the land and assets attached to the land; In case demolition is required, the property owner must bear the demolition costs.
Thus, at least 6 months before the expiration of the land use term , if the land user wishes to submit an application for extension according to the above regulations.
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