Land users who need to extend land use must submit their application at least 6 months before the land use term expires. After the term expires, the application will not be extended.
Forget to extend land use will be revoked
According to Article 64 of Decree 102/2024 (effective from August 1), land use extension 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 Land Law.
Specifically, at Point a, Clause 1, Article 172 of the Land Law stipulates that 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 prescribed in Article 176 of this 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 go through extension procedures.
Land users who wish to extend their land use must submit their application no later than 6 months before the expiry of the land use term. If the land user fails to submit the application within 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 Land Law).Within the time limit prescribed above, land users who need to extend land use when the land use term expires must submit a set of documents to: the one-stop department as prescribed by the provincial People's Committee on receiving documents 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:
Firstly, land use right certificate, house ownership certificate and land use right certificate...
Second, land allocation decisions, land lease decisions, and decisions allowing land use purpose changes by competent state agencies according to the provisions of land law over the periods.
Third, a document from a competent authority allowing an extension of the investment project's operating period, or showing the investment project's operating period according to the provisions of the law on investment in the case of land use to implement an investment project.
The order and procedures for extending land use shall comply with the provisions in Clauses 2, 3, 4 and 6, Article 44 of Decree 102 of 2024. The content of the decision to extend land use shall comply 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 term on the issued certificate.
Procedures for confirming continued use of agricultural land
According to Article 65 of Decree 102, agricultural land users specified in Point a, Clause 1, Article 172 and Clause 1, Article 174 of the Land Law who need to reconfirm the land use term on the issued certificate must follow the following procedures:
Land users shall submit a written request for re-confirmation of land use duration according to Form No. 09 in the Appendix issued with Decree 102 and the issued certificate at the agency receiving the application and returning the results specified in Clause 1, Article 12 of this Decree.
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 performing the above procedures is decided by the Provincial People's Committee but not more than 7 working days.
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