Correct understanding of land recovery and extension of land use period

Fear of land repossession due to land use extension regulations

Recently, the Department of Natural Resources and Environment (DONRE) of Ho Chi Minh City has issued a document on extending land use period. Land users who need to extend land use must submit an application for extension, at least 6 months before the land use period expires.

Specifically, according to Decree 102, in cases where the land use permit expires after August 1 and the competent authority has not yet revoked it, the land user has 6 months from August 1 to complete the extension procedures. After the deadline for submitting the application, if the land user fails to submit the application for extension, the land use permit will not be extended, except in cases of force majeure.

In case the land use term is not extended, the competent state agency shall recover the land according to regulations.

In cases where the land use term has expired but by the effective date of this Decree (August 1, 2024) the competent state agency has not yet reclaimed the land, the land user is allowed to carry out procedures to extend the land use term for a period of 6 months (until February 1, 2025). After this period, if the land user does not carry out procedures to extend the term, the State will reclaim the land.

This information has made many people worried, "rushing" to land registration offices to carry out procedures. According to the reality recorded at the Thu Duc City Land Registration Office Branch in recent days, the number of people coming to submit documents has increased dramatically.

People come to the branch of the land registration office in Thu Duc City, Ho Chi Minh City to do procedures related to land, land use fees, and land use term.

People brought many documents and papers related to the agricultural land they owned to renew. The large number of people flocked, causing the Thu Duc City Land Registration Office Branch to have a hard time processing and explaining to the people.

Talking to Nguoi Dua Tin , Mr. Pham Tuan Tao (63 years old, residing in District 9, now Thu Duc City, Ho Chi Minh City) said that when he saw the information that the Ho Chi Minh City People's Committee issued a new land price list, along with information that if the land was not renewed on time, it would be revoked, so Mr. Tao had to rush to the Thu Duc City Land Registration Office Branch to complete the procedures.

Many people do not fully understand the regulations and information, forcing land registration office staff to provide more detailed advice.

Understand correctly to use land correctly?

Talking to Nguoi Dua Tin , Mr. Nguyen Viet Hung, Chairman of the Western Alliance Joint Stock Company, said: "Currently, the Land Law has officially come into effect, so information about real estate and real estate is always a point of interest for people. Especially in Ho Chi Minh City, where the economy and real estate are very developed, the actions of the authorities will have a great impact on people's psychology and the market."

"The fact that the Department of Natural Resources and Environment of Ho Chi Minh City has issued a document on extending land use and information on land recovery has made many people not fully aware and worried. However, according to my understanding, this guidance from the Department of Natural Resources and Environment only applies to organizations, households and individuals who are using land that originates from a land lease contract with the State or are allocated land with land use fees such as business owners doing projects on production and business land.

In the case of households or individuals, if the land use term expires, people will automatically be granted an extension and do not need to go through the extension procedures as in the old law. Therefore, people need to grasp the information, understand clearly or find a law unit before rushing to do land-related procedures when it is not really necessary," Mr. Hung added.

People who own rented land or agricultural land need to clearly understand the information and regulations of the Land Law, and avoid rushing to do paperwork when it is not necessary.

Sharing about regulations, laws and procedures for extending land use rights, lawyer Le Van Hoan, Ho Chi Minh City Bar Association said,   According to 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 is planted forest within the limit of 50 years.

When the land use term expires, the land can continue to be used according to the term specified in this point without having to carry out extension procedures.

Lawyer Le Van Hoan, Ho Chi Minh City Bar Association.

The remaining types of land include: leased agricultural land; land allocated for a limited period of time; land leased to implement investment projects; land leased to build offices of foreign organizations with diplomatic functions, with a term of use from 50 to 99 years as stipulated in Article 172 of the Land Law.

Land use extension and land use revocation are subject to regulations and many different cases, so people need to pay attention to clearly understand the information to avoid misunderstandings.

"For the remaining types of land specified in Points b, c and d, Clause 1, Article 172 (including leased agricultural land; land allocated for a limited period of time; land leased to implement investment projects; land leased to build offices of foreign organizations with diplomatic functions), land users have the right to use the land within the period of time.

When the land use term expires, if the land user has a need, it will be considered for an extension. The extension of land use is carried out in the last year of the land use term. Or the land user who has a need to extend the land use must submit an application for extension at least 6 months before the land use term expires. If the land user fails to submit an application for extension within the deadline, the land use term will not be extended, except in cases of force majeure," said Lawyer Le Van Hoan.

Land series for long-term stable use

According to Article 171 of the 2024 Land Law, land types with long-term use include: Residential land.

Agricultural land used by residential communities as prescribed in Clause 4, Article 178 of this Law

Special-use forest land; Protective forest land; production forest land managed by organizations.

Commercial land, service land, non-agricultural production land of individuals that are being used stably and recognized by the State, but not land allocated by the State for a limited term or leased.

Land for construction of agency headquarters as prescribed in Clause 1, Article 199 of this Law; land for construction of public service facilities as prescribed in Clause 2, Article 199 of this Law.

Land for defense and security.

Land of belief.

Religious land specified in Clause 2, Article 213 of this law.

Land used for public purposes without business purposes.

Land for cemeteries, funeral homes, crematoriums; land for facilities storing ashes.

Land specified in Clause 3, Article 173 and Clause 2, Article 174 (the transferee of land use rights for land used stably and permanently shall be entitled to use the land stably and permanently).

Source: https://www.nguoiduatin.vn/hieu-dung-ve-viec-thu-hoi-gia-han-thoi-gian-su-dung-dat-tai-tphcm-204240810130352565.htm