According to the provisions of the Land Law 2013, land use term is divided into land for stable and long term use and land for use with a definite term. Specifically:

1. Land for stable and long-term use

Land users may use land on a stable and long-term basis in the following cases:

1. Residential land used by households or individuals;

2. Agricultural land used by households, individuals and residential communities (including agricultural land allocated, leased or recognized by the State; due to lease of land use rights from organizations, other households and individuals; due to receipt of conversion, transfer, inheritance, donation of land use rights as prescribed by law)

3. Protection forest land, special-use forest land and production forest land are natural forests;

4. Land for commercial, service, and non-agricultural production facilities of households and individuals that are being used stably, which is not land allocated or leased by the State for a definite term;

5. Land for construction of agency offices (including land for state offices, political organizations, and socio-political organizations); land for construction of non-business works of non-financial public non-business organizations (including land for construction of non-business works in economic, cultural, social, healthcare, educational sectors and fields) and training, sport, science and technology, environment, diplomacy and other career works)

6. Land used for defense and security purposes;

7. Land for religious establishments (including land belonging to pagodas, churches, chapels, sanctuaries, sanctuaries, Buddhist recitation halls, monasteries, private training schools of religions, headquarters of religious organizations, establishments other religious institutions permitted by the State to operate)

8. Land of beliefs;

9. Land for traffic, irrigation, land with historical-cultural relics, scenic spots, land for construction of other public works for non-business purposes;

10. Land for cemeteries and graveyards;

11. Land used by economic organizations (land for which the purpose of use is changed from non-agricultural land with stable and long-term use to non-agricultural land with a definite term or from non-agricultural land with a definite term to land with a definite term. For non-agricultural use for long-term stable and stable use, economic organizations that are entitled to use land for a long-term stability or that economic organizations receive the transfer of land use rights for the type of land which are used stably and for a long time may use such land. long-term stable land)

2. Land used for a definite term

1. Time limit for land allocation and recognition of agricultural land use rights for households and individuals directly engaged in agricultural production (including  land for planting annual crops, land for aquaculture, land for salt production, and land for growing crops. perennial, protection forest land and production forest land) is 50 years.

Upon the expiration of the time limit, households and individuals directly engaged in agricultural production may continue to use the land according to the above-mentioned time limit, if they have a need.

2. The lease term for agricultural land to households and individuals must not exceed 50 years. When the land lease term expires, households and individuals may consider continuing to lease the land if they have a need.

3. Time limit for land allocation or land lease for organizations to use for purposes of agricultural production, forestry, aquaculture or salt production; organizations, households and individuals to use for commercial and service purposes, as non-agricultural production bases; organization to carry out investment projects; overseas Vietnamese, foreign-invested enterprises to implement investment projects in Vietnam shall be considered and decided on the basis of investment projects or applications for land allocation or lease but not more than 50 years.

For projects with large investment capital but slow capital recovery, investment projects in areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions that require a long period of time. For a longer term, the land allocation or land lease term shall not exceed 70 years.

For projects on housing business for sale or for sale in combination with leasing or for lease-purchase, the time limit for land allocation to the investor is determined according to the term of the project; Buyers of houses attached to land use rights are entitled to stable and long-term land use.

Upon the expiration of the land use term, if the land user wishes to continue using it, the State shall consider extending the land use term but not exceeding the time limit specified in this Clause.

4. The lease term for land for construction of working offices of foreign organizations with diplomatic functions shall not exceed 99 years. Upon the expiration of the time limit, if a foreign organization with a diplomatic function wishes to use land, the State shall consider extending it or lease another land, each extension shall not exceed the time limit specified in this Clause.

5. The term of lease of land belonging to the agricultural land fund used for public purposes of communes, wards and townships shall not exceed 5 years.

6. Land for construction of non-business works of self-financed public non-business organizations (including land for construction of non-business works in economic, cultural, social, medical, educational sectors and fields. education and training, physical training and sports, science and technology, environment, diplomacy and other non-business works) and public works for business purposes not exceeding 70 years.

Upon the expiration of the land use term, if the land user wishes to continue using it, the State shall consider extending the land use term but not exceeding the time limit specified in this Clause.

7. For a land plot used for multiple purposes, the land use term is determined according to the duration of the type of land used for the main purpose.

8. The time limit for land allocation or land lease specified in this Article is counted from the date on which a competent state agency’s decision on land allocation or land lease is issued.

Above is Khoa Tin‘s advice on land use term.

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Best regards./.