Understanding the correct procedures for land reclamation and extension of land use rights.

Fear of land confiscation due to regulations on extending land use rights.

Recently, the Ho Chi Minh City Department of Natural Resources and Environment (TN&MT) issued a document regarding the extension of land use rights. Land users who wish to extend their land use rights must submit an application for extension no later than 6 months before the expiration of the land use period.

Specifically, according to Decree 102, for cases where the land use right expires after August 1st and the competent authority has not yet revoked it, the land user has 6 months from August 1st to complete the renewal procedures. If the land user fails to submit the renewal application within the deadline, the land use right will not be renewed, except in cases of force majeure.

If the land use right is not extended, the competent state agency shall reclaim the land in accordance with regulations.

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

This information has caused many people to worry and "rush" to land registration offices to complete the procedures. Observations at the Thu Duc City Land Registration Office branch in recent days show a sudden surge in the number of people submitting applications.

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

People brought numerous documents and papers related to their agricultural land ownership to renew their land use rights. The large crowd overwhelmed the Thu Duc City Land Registration Office branch, forcing them to work hard to process applications and explain the situation to the residents.

Speaking to Nguoi Dua Tin (The Informer) , Mr. Pham Tuan Tao (63 years old, residing in District 9, now Thu Duc City, Ho Chi Minh City) said that upon seeing the information about the Ho Chi Minh City People's Committee issuing a new land price list, along with information about land reclamation if not renewed within the specified time, he had to rush to the Thu Duc City Land Registration Office branch to complete the necessary procedures.

Many people are not fully aware of the regulations and information, requiring land registration office staff to provide more thorough advice.

Understanding land properly is key to using it correctly?

Speaking to Nguoi Dua Tin (The Informer) , Mr. Nguyen Viet Hung, Chairman of Lien Minh Khu Tay Joint Stock Company, said: "Currently, the Land Law has officially come into effect, so information about land and housing, and the real estate sector, is always a point of interest for the people. Especially in Ho Chi Minh City, a very developed economic and real estate market, any actions from the authorities will have a significant impact on people's psychology and the market."

"Regarding the Ho Chi Minh City Department of Natural Resources and Environment's issuance of a document extending land use rights and providing information on land reclamation, many people are still unclear and worried. However, according to my research, this guidance from the Department of Natural Resources and Environment only applies to organizations, households, and individuals currently using land that originated from land lease contracts with the State or land allocated with land use fees, such as business owners undertaking projects on land for production and business purposes."

"In the case of households or individuals, if the land use period expires, people will automatically have it renewed without having to go through the renewal procedures as under the old law. Therefore, people need to be aware of the information, understand it clearly, or seek legal advice before rushing to complete land-related procedures when it is not really necessary," Mr. Hung added.

People who own leased land or agricultural land need to be aware of the regulations and guidelines of the Land Law, avoiding rushing to process paperwork when it is not necessary.

Sharing information about regulations, laws, and procedures for renewing land use rights, lawyer Le Van Hoan from the Ho Chi Minh City Bar Association said:   According to point a, clause 1, Article 172 of the 2024 Land Law, the term for land allocation and recognition of agricultural land use rights for individuals directly engaged in agricultural production using land for annual crops, aquaculture, salt production, perennial crops, and planted production forests within the prescribed limits is 50 years.

Upon expiration of the land use term, the land may be used again for the term stipulated in this point without the need for renewal procedures.

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

The remaining land types include: leased agricultural land; land allocated for a limited period, land leased for investment projects; and land leased for the construction of offices for foreign organizations with diplomatic functions, with a usage period of 50-99 years as stipulated in Article 172 of the Land Law.

The extension and revocation of land use rights are governed by regulations and involve many different cases; therefore, people need to be aware of the information to avoid misunderstandings.

"Specifically, for the remaining land types stipulated in points b, c, and d of Clause 1, Article 172 (including leased agricultural land; land allocated for a limited period, land leased for investment projects; land leased for the construction of offices of foreign organizations with diplomatic functions), the land user has the right to use it for a specified period."

When the land use period expires, land users who wish to do so may have their request for an extension considered. The extension of land use is carried out in the final year of the land use period. Alternatively, land users wishing to extend their land use must submit an application for extension no later than 6 months before the expiration of the land use period. If the land user fails to submit the application within the deadline, the land use will not be extended, except in cases of force majeure," lawyer Le Van Hoan shared.

Long-term stable land use series

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

Agricultural land used by the local community is regulated 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, and non-agricultural production land used stably by individuals and recognized by the State, excluding land allocated or leased by the State for a limited period.

Land for constructing agency headquarters is regulated in Clause 1, Article 199 of this Law; land for constructing public service facilities of public service units is regulated in Clause 2, Article 199 of this Law.

Land for national defense and security purposes.

Land of religious significance.

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

Land used for public purposes is not intended for commercial use.

Cemetery land, funeral homes, crematoriums; land for facilities storing cremated remains.

Land as stipulated in Clause 3 of Article 173 and Clause 2 of Article 174 (the person receiving the transfer of land use rights for land of the type used for stable and long-term use is entitled to use the land stably and long-term).

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