If the land use term expires without extension, will the land be reclaimed?

Forgetting to extend the land use term will be revoked

According to Article 64 of Decree 102/2024/ND-CP (effective from August 1, 2024), the extension of land use is carried out in the last year of the land use term, except for the case specified in Point a, Clause 1, Article 172 of the 2024 Land Law.

Specifically, at Point a, Clause 1, Article 172 of the 2024 Land Law, the term of land allocation and recognition of agricultural land use rights for individuals directly engaged in agricultural production using land for annual crops, aquaculture land, salt-making land, perennial crop land, and production forest land that is planted forest within the limit specified 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 this prescribed term without having to carry out extension procedures.

Except for the case specified in Point a, Clause 1, Article 172 of the 2024 Land Law. Land users who need to extend land use must submit their application no later than 6 months before the expiration of the land use term. If the land user fails to submit the application after the deadline, the extension will not be granted, except in cases of force majeure. In case the land use term is not granted, the competent state agency shall recover the land in accordance with the provisions of this law (Clause 3, Article 172 of the 2024 Land Law).

Within the time limit specified above, land users who need to extend land use when the land use term expires shall submit a set of application documents to: the one-stop department as prescribed by the provincial People's Committee on receiving applications and returning results of administrative procedure settlement at the provincial, district and commune levels; land registration office; branch of the land registration office.

The dossier includes an application for land use extension according to form No. 08 in the Appendix issued with this Decree and one of the following documents:

First, the land use right certificate, the house ownership right certificate and the land use right certificate, etc.

Second, the land allocation decision, land lease decision, or decision allowing the change of land use purpose of a competent state agency according to the provisions of the law on land over the periods.

Third, the document of the competent agency allowing the extension of the investment project's operation period, or showing the investment project's operation period according to the provisions of the law on investment in the case of using land to implement an investment project.

The order and procedures for land use extension shall comply with the provisions of Clauses 2, 3, 4 and 6, Article 44 of Decree 102/2024/ND-CP. The content of the decision to extend land use shall be in accordance with Form No. 04e in the Appendix issued with this Decree.

In case the land user does not request a new certificate, the land registration office or a branch of the land registration office shall confirm the change in land use duration on the issued certificate.

Procedures for confirming continued use of agricultural land

According to Article 65 of Decree 102/2024/ND-CP, agricultural land users specified in Point a, Clause 1, Article 172 and Clause 1, Article 174 of the 2024 Land Law who need to reconfirm the land use term on the issued certificate shall follow the following procedures:

Land users shall submit a written request for reconfirmation of the land use term according to Form No. 09 in the Appendix issued with Decree 102/2024/ND-CP and the issued certificate to the agency receiving the dossier and returning the results specified in Clause 1, Article 12 of Decree 102/2024/ND-CP.

In case people submit to the People's Committee of the commune where the land is located, this committee is responsible for transferring the dossier to the land registration office or branch of the land registration office.

The land registration office, or a branch of the land registration office, checks the records; confirms the duration of continued land use according to the granted certificate, or issues a new certificate if the land user has a need. Updates and corrects the land database and cadastral records; hands over the certificate to the land user, or transfers it to the commune-level People's Committee to return it to the people.

The time limit for implementing the above procedures is decided by the provincial-level People's Committee but not more than 7 working days.