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Land use term upon change of land use purpose

You have intention to change land use purpose but wondering about land use term upon change of land use purpose. Through this following post, T2H Lawyers would like to help you answer this question.

 

Pursuant to Article 127 of Land Law 2013, land use term upon change of land use purpose is pescribed as follow:

  1. The land use term for households and individuals upon change of land use purpose:

a/ In case the land use purpose is changed from land for protection forest or special-use forest to land for other purposes: the term shall be determined on the basis of the land type of the new purpose. (The land use term shall be calculated from the time of the decision on approval);

b/ In case the land use purpose is changed from land for rice cultivation, other annual crops, perennial crops, production forest, aquaculture or salt production to land for protection forest or special-use forest: households or individuals may use the land for a stable and long term;

c/ In case the land use purpose is changed among land categories including land for other annual crops, perennial crops, production forests, aquaculture or salt production: households and individuals may continue using such land for the determined land use term.

At the expiry of the term, if the land users still have land use needs, the State shall consider an extension which must not exceed 50 years;

d/ In case the land use purpose is changed from agricultural purpose to nonagricultural purpose: the land use term shall be determined on the basis of the land type of the new purpose (The new land use term shall be calculated from the time of the decision on approval);

dd/ In case the land use purpose is changed from non-agricultural land with long and stable land use term to non-agricultural land with limited land use term or from non-agricultural land with limited land use term to non-agricultural land with long and stable land use term: households and individuals may use the land for a long and stable term.

 

  1. For organizations, overseas Vietnamese or foreign-invested enterprises implementing investment projects outside industrial parks, industrial clusters, export processing zones or hi-tech zones:

When the land use purpose is changed, the land use term shall be determined as follow:

– The term for land allocation or land lease to organizations, overseas Vietnamese and foreign-invested enterprises for implementing investment projects in Vietnam: must not exceed 50 years.

– For large investment projects with slow recovery of capital, projects in areas with difficult socio-economic conditions or with especially difficult socio-economic conditions which require a longer term: must not exceed 70 years.

– For projects on construction of houses for sale or for a combination of sale and rent or for lease-purchase: the land use term shall be determined in accordance with the duration of the project.

At the expiry of the term, if the land users still have land use needs, the State shall consider an extension but the extension must not exceed the term above.

 

  1. Economic organizations that change the land use purpose from nonagricultural land with long and stable land use term to non-agricultural land with limited land use term or from non-agricultural land with limited land use term to non-agricultural land with long and stable land use term, may use the land for a long and stable term.

 

Please contact T2H Lawyers for detailed consultancy about land use term upon change of land use purpose toward your family circumstances.

 

Contact T2H Lawyers for more information.

T2H Law Liability limited company

Head office: G4-4A, Dormitory 708, Lien Ninh, Thanh Tri, Hanoi

Branch office: 20N7A Nguyen Thi Thap, Nhan Chinh Ward, Thanh Xuan District, Hanoi.

Phone: 0242 242 9900 – 0989 656 682

Website: https://t2h.vn

Email: contact.t2h@t2h.vn – huong.le@t2h.vn

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