Land Law 2013, Law No. 45/2013/QH13

INCREASE THE ALLOCATION QUOTAS FOR AGRICULTURAL LAND

This is the new content prescribed at the Law on Land No. 45/2013/QH13 was passed on November 29, 2013, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 6th session.

In particular, from July 01, 2014, The term for lease of agricultural land to households or individuals 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, the term of land allocation or land lease must not exceed 70 years. The land lease term for the purpose of office construction of foreign organizations with diplomatic functions must not exceed 99 years. At the expiry of the term, if these organizations are still in need of the land, the State shall consider extending the land lease term or leasing another land parcel. And the lease term for land which is part of agricultural land fund for public purposes of communes, wards or townships must not exceed 5 years;  

The allocation quotas for land for perennial crops for each household or individual in a delta commune, ward or township must not exceed 10 hectares and must not exceed 30 hectares for each household or individual in a midland or mountainous commune, ward or township. The land allocation quota for each household or individual does not exceed 30 hectares for land for protection forest; land for production forest. And in case a household or individual is allocated with land of different categories including land for cultivation of annual crops, land for aquaculture and land for salt production, the total quota for all categories must not exceed 5 hectares. If the household or individual is additionally allocated with land for perennial crops, the land allocation quota for perennial crops must not exceed 5 hectares in a delta commune, ward or township and must not exceed 25 hectares in a midland and mountainous commune, ward or township.

Land that is allocated or leased for implementing investment projects is not used within 12 consecutive months, or the land use schedule is 24 months late compared with the schedule stated in the project documents since the hand-over in the field. In case of not putting the land into use, the land use term may be extended 24 months and the investors shall pay a sum of money equivalent to the total land use levy or land rental for the delayed period. If the investors still fail to put the land into use when the extended time is over, the State shall recover the land without compensation for land and land-attached assets, except due to force majeure.