"50-year land" is the familiar shorthand used by individuals and businesses for land allocated or leased for a 50-year term — most commonly land for investment projects, production and business land, and commercial-service land. As that term approaches its end, the first question is always: can it be extended, and what must be done to obtain the extension?
The short answer: it can be extended, but not automatically — procedures must be followed, on time, and the State must consider and approve. This article answers in detail under the Land Law No. 31/2024/QH15 and Decree No. 102/2024/ND-CP, part of the real estate, construction and projects practice FLAT regularly supports.
Table of contents
- 1. The legal framework: Article 172 of the 2024 Land Law
- 2. The extension procedure under Decree 102/2024
- 3. Special situations
- 4. Frequently asked questions
- 5. Action checklist before the land term expires
1. The legal framework: Article 172 of the 2024 Land Law
Point c, Clause 1, Article 172 of the 2024 Land Law provides: the term of land allocation or land lease for organisations for agricultural, forestry, aquaculture and salt production; for organisations, households and individuals for commercial, service and non-agricultural production purposes; for organisations implementing investment projects; and for overseas Vietnamese and foreign-invested economic organisations implementing investment projects in Vietnam — no more than 50 years.
The exception: where the investment term exceeds 50 years, the land allocation or lease term follows the project's term but may not exceed 70 years.
Clause 3, Article 172 sets out the mechanism upon expiry:
When the land use term expires, a land user wishing to continue using the land shall have the State consider extending the land use term, but not beyond the terms prescribed in this Article.
Three key points:
- "Consider", not "as of right": extension is a case-by-case administrative decision, not an automatic entitlement.
- "Wishing to": the land user must proactively carry out the extension procedures.
- No extension means recovery: where the land use term is not extended, the competent state authority recovers the land under this Law.
2. The extension procedure under Decree 102/2024
Article 64 of Decree No. 102/2024/ND-CP details:
Timing: land use term extension is carried out in the final year of the land use term.
Filing deadline: a land user wishing to extend must file the extension dossier no later than 6 months before the land use term expires. Missing the filing deadline without filing means no extension, except in force majeure cases.
Where to file: one dossier set with the one-stop-shop division as prescribed by the provincial People's Committee, the Land Registration Office or a branch of the Land Registration Office.
Dossier components (Clause 1, Article 64):
- The application for land use term extension in Form No. 08 of the Appendix to the Decree;
- One of: the issued certificate; the land allocation, land lease or land purpose conversion decision; or — for land used for investment projects — a document from the competent authority permitting extension of the investment project's operation term or evidencing that term under the investment legislation.
The last point matters greatly for businesses: the extended land use term is tied to the investment project's operation term. If the project's operation term has expired without extension, the land extension dossier lacks a key basis. Businesses should run the project extension/adjustment procedures in parallel — where the project has undergone termination of investment projects, there is no remaining basis for land extension.
3. Special situations
Agricultural land of directly producing households and individuals: quoting Point a, Clause 1, Article 172 — the term of land allocation and recognition of agricultural land use rights for individuals directly engaged in agricultural production (annual-crop land, aquaculture land, salt land, perennial-crop land, planted production forest land within quotas) is 50 years; "when the land use term expires, [the land user] may continue using the land for the term stated in this point without carrying out extension procedures." This is the most favourable case — verified against the verbatim article, not through an intermediary source.
Land in industrial parks: under Article 202 of the 2024 Land Law, the land use term for projects in industrial parks follows the project's operation term. Extending beyond the remaining operation term of the industrial park requires permission from the competent authority, and the total term may not exceed 70 years. Enterprises in industrial parks should coordinate with the park infrastructure developer when carrying out extension procedures — see also the notes on leasing land and factories in industrial parks.
Land that expired before Decree 102/2024 took effect: Clause 5, Article 112 of Decree 102/2024 provides a transitional rule — the land user could carry out extension procedures within 6 months from the Decree's effective date (1 August 2024), i.e. until early February 2025; after that period without filing, the State recovers the land, except in force majeure cases. Important note: as of now, this 6-month transitional window has closed — expired land without filed procedures is handled under the general rules (the State recovers the land, except in force majeure cases); the transitional mechanism no longer applies.
4. Frequently asked questions
Can 50-year land use rights be extended upon expiry?
Possibly, but not automatically. Under Clause 3, Article 172 of the Land Law No. 31/2024/QH15, when the land use term expires, a land user wishing to continue using the land may have the State consider extending the land use term, but not beyond the term limits prescribed. Extension is carried out only in the final year of the land use term, and the land user must file the extension dossier no later than 6 months before the term expires (Article 64, Decree No. 102/2024/ND-CP).
In which cases will 50-year land be denied extension upon expiry?
Two main cases: (1) the land user fails to file the extension dossier on time — missing the filing deadline without filing means no extension, except in force majeure cases; (2) the State considers the request but declines it, for example where the land falls within an area to be recovered under a land use plan or master plan. Where extension is denied, the competent state authority recovers the land under the 2024 Land Law.
What is the maximum land use term for investment projects?
Under Point c, Clause 1, Article 172 of the 2024 Land Law, the term of land allocation or land lease for organisations for investment projects is no more than 50 years. Where the investment term exceeds 50 years, the land allocation or lease term follows the project term but may not exceed 70 years.
What does the land use term extension procedure involve?
Under Clause 1, Article 64 of Decree No. 102/2024/ND-CP, a land user wishing to extend files one dossier set with the one-stop-shop division, the Land Registration Office or its branch. The dossier comprises the application for land use term extension in Form No. 08 and one of: the issued certificate, the land allocation/lease decision, or — for land used for investment projects — a document from the competent authority permitting extension of the project's operation term.
What happens if the extension dossier is filed late?
Missing the filing deadline (no later than 6 months before the land use term expires) without filing means the land use term will not be extended, except in force majeure cases. Where extension is denied, the competent state authority recovers the land under the 2024 Land Law (Clause 3, Article 172).
For investment-project land, what must the project's operation term look like to obtain extension?
For land used for investment projects, the extension dossier must include a document from the competent authority permitting extension of the project's operation term or evidencing that term under the investment legislation (Article 64, Decree No. 102/2024/ND-CP). In other words, the extended land use term is tied to the project's operation term — if the project's operation term has expired without extension, the land extension dossier lacks a key basis.
Must land use fees or land rents be paid again when the land use term is extended?
Yes. When the land use term is extended, the land user must perform financial obligations under the land and tax/fee legislation — including land use fees or land rents for the extended period, calculated under the policies and land price tables in force at the time of extension. The specific amounts must be checked against the documents applicable to each case.
What about 50-year agricultural land of households and individuals upon expiry?
Quoting Point a, Clause 1, Article 172 of the 2024 Land Law: the term of land allocation and recognition of agricultural land use rights for individuals directly engaged in agricultural production is 50 years; when the land use term expires, the land user may continue using the land for the term stated in this point without carrying out extension procedures.
How is land in industrial parks extended upon expiry?
Under Article 202 of the 2024 Land Law, the land use term for projects in industrial parks follows the project's operation term. Extending the land use term beyond the remaining operation term of the industrial park requires permission from the competent authority, and the total land use term may not exceed 70 years. Enterprises in industrial parks should coordinate with the park infrastructure developer when carrying out extension procedures.
What about land that expired before Decree 102/2024 took effect?
Clause 5, Article 112 of Decree No. 102/2024/ND-CP provides a transitional rule: where the land use term had expired but, as of the Decree's effective date (1 August 2024), the competent state authority had not yet recovered the land, the land user could carry out extension procedures within 6 months from the Decree's effective date (i.e. until early February 2025); after that period without filing, the State recovers the land, except in force majeure cases. Note: as of now, this 6-month transitional window has closed and no longer applies.
5. Action checklist before the land term expires
- [ ] 12 months before: check the land use term stated on the certificate; determine the remaining operation term of the investment project.
- [ ] 9–12 months before: if the investment project's operation term is about to expire, carry out the project extension/adjustment procedures first — a precondition for the land extension dossier.
- [ ] No later than 6 months before expiry: file one dossier set for extension (Form No. 08 + documents) with the one-stop-shop division or the Land Registration Office.
- [ ] Track the outcome: if extended, perform the financial obligations and receive the certificate updated with the new term.
- [ ] Worst case: if extension is denied, prepare relocation plans, liquidate assets on the land and work with the recovering authority on compensation and support as prescribed.
Contact FLAT — hotline 0988424851 for a review of your land use term and preparation of a timely extension dossier, avoiding the risk of land recovery. Foreign investors can also see our legal checklist for foreign investors.
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References
- Land Law No. 31/2024/QH15
- Decree No. 102/2024/ND-CP detailing the implementation of certain articles of the Land Law