How long can agricultural land be used in Vietnam? Under the Land Law 2024 (31/2024/QH15), the land use term for individuals directly engaged in agricultural production is 50 years — and when the 50 years expire, the land user may continue using the land without going through any extension procedure. However, there is a critical point about the eligible subject that many people still get wrong: the Land Law 2024 no longer recognizes “households” as subjects eligible for new land allocations.
1. Who does the 50-year term apply to?
Point a, Clause 1, Article 172 of the Land Law 2024 provides: the term for allocation or recognition of agricultural land use rights for individuals directly engaged in agricultural production is 50 years.
Note the law’s wording: the subject is the individual, not the “household”. Article 4 of the Land Law 2024 removed “households” from the list of land users eligible for new allocations. Households retain only transitional significance for land use rights established before 01/8/2024 (the Land Law 2024’s effective date). In other words:
- From 01/8/2024 onward: there is no more “allocation of land to households” — land is allocated to individuals;
- Household rights established before 01/8/2024: remain protected under the transitional provisions, with household members exercising the rights jointly.
2. After 50 years: continued use, no extension procedure
This is a major difference from other fixed-term land categories: when the 50-year term expires, an individual directly engaged in agricultural production may continue using the land without applying for an extension. No extension application, no new administrative decision is needed — the land use right continues uninterrupted as long as the conditions for agricultural land use remain satisfied.
3. Leased agricultural land: up to 50 years, re-lease procedures required
Unlike allocated land, point b, Clause 1, Article 172 sets the term for leasing agricultural land at no more than 50 years. The key difference:
- When the lease expires, the lessee must complete re-lease procedures to continue using the land — there is no automatic continuation as with allocated land;
- The re-lease follows the land leasing order and procedures in effect at that time.
In practice, many people confuse “allocated land for 50 years” (automatic continuation) with “leased land for 50 years” (re-lease procedures required) — this confusion can lead to loss of land use rights when a lease expires without the procedures being done.
4. Common misconceptions to avoid
- “Households are allocated agricultural land for 50 years”: WRONG under the Land Law 2024. New allocations go to individuals directly engaged in agricultural production; “households” have only transitional value for rights established before 01/8/2024;
- “After 50 years you must apply for an extension”: WRONG for allocated/recognized land — continued use requires no extension procedure. This is only true for leased land (re-lease procedures required);
- Confusing lease terms with allocation terms: leased land ≤ 50 years with procedures at expiry; allocated land 50 years with automatic continuation.
5. Practical recommendations
- Check your certificate: it states the term and the form of land use (allocation vs. lease) so you know which case applies;
- If your lease is nearing expiry: proactively complete re-lease procedures before expiry;
- If the land use right is registered under a “household” name from before 01/8/2024: study the transitional provisions to determine each member’s rights when conducting transactions (transfer, gift, mortgage).
6. Frequently asked questions
How long is the term for allocated agricultural land?
50 years for individuals directly engaged in agricultural production (point a, Clause 1, Article 172, Land Law 2024). After 50 years, continued use is allowed without an extension procedure.
Can households still be allocated agricultural land?
No. The Land Law 2024 no longer treats “households” as subjects eligible for new land allocations. Households retain only transitional significance for rights established before 01/8/2024.
What happens when a 50-year agricultural land lease expires?
Re-lease procedures must be completed to continue use (point b, Clause 1, Article 172). There is no automatic continuation as with allocated land.
Is agricultural land recovered when the 50 years expire?
No — allocated/recognized land for individuals directly engaged in agricultural production continues. Land recovery only occurs in the cases prescribed by law (Article 82, Land Law 2024), not because of “expiry”.
Sources
- Land Law 2024 (31/2024/QH15) — effective 01/8/2024, in force as of 14/10/2026, unamended: Article 4 (land users — no more “households” eligible for new allocations); point a, Clause 1, Article 172 (allocation/recognition of agricultural land use rights to individuals directly engaged in agricultural production: 50 years; continued use at expiry without extension); point b, Clause 1, Article 172 (agricultural land leases: no more than 50 years; re-lease procedures at expiry).
For reference only; not legal advice. This article was drafted by AI and quality-checked by the AI Legal Council of FLAT Law Firm; it has not been reviewed or approved by a human lawyer. Regulations may change; please check the current legal texts before applying.
Related articles
- Buying Agricultural Land for Projects in Vietnam
- Land Use Right Certificate (Red Book) 2026: Conditions and Procedures
Need a review of your land use term or household rights under the transitional provisions? Contact FLAT Law Firm for advice.
