If land use term is no longer valid, can it be sold to other people in Vietnam?

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Question date: 30/03/2023

If land use term is no longer valid, can it be sold to other people in Vietnam? What is land use term of residential land used by households or individuals in Vietnam? What are regulations on land use term upon change of land use purpose in Vietnam?

Hello, let me ask you, I have a plot of land in Binh Thuan, I am planning to sell it to others to get capital for business. However, the land use term on the certificate of land use rights has expired, can you tell me if I can sell the land or not?

Please advise. Thankyou.

    • If land use term is no longer valid, can it be sold to other people in Vietnam?

      In Article 188 of the 2013 Land Law, conditions for the exercise of the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital as follows:

      1. Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital when meeting the following conditions:

      a/ Having the certificate, except the case prescribed in Clause 3, Article 186 and the case of receiving inheritance prescribed in Clause 1, Article 168 of this Law;

      b/ The land is dispute-free;

      c/ The land use rights are not distrained to secure judgment enforcement;

      d/ Within the land use term.

      2. In addition to the conditions specified in Clause 1 of this Article, when exercising the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital, land users must also be eligible under Articles 189, 190, 191, 192, 193 and 194 of this Law.

      3. The exchange, transfer, lease, sublease, inheritance, donation or mortgage of land use rights or contribution of land use rights as capital must be registered with the land registration agency and will take effect from the time of registration in the cadastral book.

      According to current regulations in Vietnam, in case the land no longer has the land use term, it cannot be sold (transferred) to another person.

      What is land use term of residential land used by households or individuals in Vietnam?

      In Article 125 of the 2013 Land Law, there are provisions on land used for long and stable term:

      Land users may use land for a long and stable term in the following cases:

      1. Residential land used by households or individuals.

      2. Agricultural land used by communities as prescribed in Clause 3, Article 131 of this Law.

      3. Land for protection forest, for special-use forest and for production forest which are natural forests.

      4. Land for trading or services, for non-agricultural production establishments of households and individuals that are using the land stably and that land is not allocated for limited term or leased by the State.

      5. Land for construction of offices as prescribed at Point 1, Article 147 of this Law and land for construction of public service facilities of public non-business organization which are not self-financed as prescribed at Point 2, Article 147 of this Law.

      6. Land used for national defense or security purpose.

      7. Land used by religious institutions as prescribed in Article 159 of this Law.

      8. Land for religious practices.

      9. Land for transportation and irrigation, land with historical-cultural relics and scenic spots and land used for the construction of other public facilities for non-commercial purposes.

      10. Land for cemeteries or graveyards.

      11. Land used by economic organizations as prescribed in Clause 3, Article 127 and Clause 2, Article 128 of this Law.

      According to this Article, residential land of households or individuals will not have a use term, this group of land will have a long and stable term in Vietnam.

      What are regulations on land use term upon change of land use purpose in Vietnam?

      Article 127 of the 2013 Land Law stipulates that land use term upon change of land use purpose is as follows:

      1. The land use term for households and individuals upon change of land use purpose is prescribed as follows:

      a) In case the land use purpose is changed from land for protective 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 protective 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 the term prescribed in Clause 1, Article 126 of this Law;

      d) In case the land use purpose is changed from agricultural purpose to non-agricultural 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;

      e) 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.

      2. 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 on the basis of the investment project as prescribed in Clause 3, Article 126 of this Law.

      3. Economic organizations that change the land use purpose 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, may use the land for a long and stable term.

      Thus, the land use term upon change of land use purpose in Vietnam will comply with the above provisions.

      Best Regards!

    Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn
    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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