Regulations on extension of land use for annual crops

Tue, 28 Mar 2023 13:55:00  |  Print  |  Email   Share:

Mr. Nguyen Bien Cuong (Lai Chau) is using a piece of land (purchased in 2018), has been granted a certificate of land use right, including a part of the area is residential land and the rest is land for annual crops – garden located on the same parcel of land). Land is in normal use, no dispute.

Currently, Mr. Cuong's land use period for annual crops has expired. In the family, Mr. and Mrs. Cuong are civil servants and public employees; grandmother is a retired road company worker, her younger sister has an intellectual disability and not able to work.

Mr. Cuong asked if he was allowed to extend and use the above-mentioned annual cropland area? What are regulations and in what documents?

The Ministry of Natural Resources and Environment responded to this issue as follows:

According to his reflection, the land plot has been granted a land use right certificate, including a part of residential land and the rest is land for annual crops (garden - located on the same plot of land), but the specific expiry date on the Certificate is unknown, so the Ministry of Natural Resources and Environment does not have enough basis to give a specific answer.

The Ministry of Natural Resources and Environment provides information for your reference as follows:

Clause 3, Article 210 of the Land Law provides:

"3. Households and individuals directly engaged in agricultural production that have been allocated land, recognized land use rights or transferred agricultural land use rights before the effective date of this Law, at the end of the land use term, if there is a need, they may continue to use the land according to the time limit specified in Clause 1, Article 126 of this Law. The land use term is calculated from October 15, 2013 in case it expires on October 15, 2013 according to the provisions of the 2003 Land Law; from the date of expiration of the land allocation time limit for cases that expire after October 15, 2013".

In Article 74 of the Government's Decree No. 43/2014/ND-CP dated May 15, 2014 detailing the implementation of a number of articles of the Land Law stipulating the order and procedures for land use extension; certify the continued use of agricultural land by households and individuals upon the expiration of the land use term.

The Ministry of Natural Resources and Environment provided information for Mr. Cuong to contact the local Land Registry Office to be dealt with according to its competence.


By: Government newspaper/Translator: LeAnh-Bizic


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