According to Article 172 Land Law – Land Use with a Definite Term
1. The term of land use when the State allocates land, leases land, or recognizes land use rights (Except for the cases prescribed in Article 171 of this Land Law) shall be provided as follows:
a) The term for land allocation or recognition of land use rights for individuals directly engaged in agricultural production using annual crop land, aquaculture land, salt-making land, perennial crop land, or production forest land being planted forest, within the limits specified in Article 176 of this Law, shall be 50 years. Upon the expiry of the land use term, the land user shall continue to use the land for the term stipulated in this Point without having to carry out procedures for extension;
b) The term for agricultural land lease to individuals shall not exceed 50 years. Upon the expiry of the lease term, if the individual has demand, the State shall consider continued leasing of land but not exceeding 50 years;
c) The term for land allocation or lease for the implementation of investment projects involving land use shall be considered and decided based on the operating term of the investment project or the application for land allocation or lease, but not exceeding 50 years.
For projects with an operating term of more than 50 years as prescribed by the Law on Investment, the term for land allocation or lease shall follow the project term but shall not exceed 70 years.
Upon expiry, if the land user wishes to continue using the land, the State shall consider extending the land use but not exceeding the term prescribed in this Clause.
Where no investment project is required, the land use term shall be considered on the basis of the land allocation or lease application but not exceeding 50 years;
d) The term for land lease for construction of working offices of foreign organizations with diplomatic functions shall not exceed 99 years. Upon expiry, if such foreign organizations wish to continue land use, the State shall consider extension or lease of another parcel of land; the term of such extension or new lease shall not exceed the term prescribed in this Clause.
2. The term of land allocation or lease prescribed in this Article shall be counted from the date of issuance of the land allocation or lease decision by a competent state authority.
3. Land use extension shall be carried out in the last year of the land use term, except as provided in Point a, Clause 1 of this Article. Land users wishing to extend land use must submit an extension application dossier no later than 06 months before the expiry of the land use term. If the dossier is not submitted within the prescribed time limit, land use shall not be extended, except in force majeure cases. Where land use is not extended, the competent state authority shall recover the land in accordance with this Law.
4. Where land use is not extended, the land user is responsible for handling assets attached to the land in order to return the land to the State. If, after 24 months from the expiry of the land use term, the land user fails to handle such assets, the State shall recover the land without compensation for land and attached assets; where demolition is required, the asset owner shall bear the demolition costs.
