1. Does the red book have an expiry date?

According to Articles 125 and 126 of the 2013 Land Law, depending on the type of land, purpose of use, users..., the land use term is different, it can be long-term or limited.

1.1 Land for long-term stable use

Accordingly, land users are entitled to long-term stable land use in the following cases:

- Residential land used by households and individuals.

- Agricultural land used by the residential community.

- Protection forest land, special-use forest land, and production forest land are natural forests.

- Commercial land, service land, land for non-agricultural production establishments of households and individuals that are in stable use and are not land allocated for a term or leased by the State.

- Land for construction of agency headquarters (land for headquarters of state agencies, political organizations, and socio-political organizations).

- Land used for defense and security purposes; land for religious establishments; land of faith.

- Land for transportation, irrigation, land with historical - cultural relics, scenic spots, land for construction of other public works without business purposes.

- Land for cemeteries and graveyards.

- Land used by economic organizations is prescribed in Clause 3, Article 127 and Clause 2, Article 128 of the 2013 Land Law.

1.2 Land used for a limited period

- The term of land allocation and recognition of agricultural land use rights for households and individuals directly engaged in agricultural production is 50 years. At the end of the term, households and individuals directly engaged in agricultural production, if needed, can continue to use the land according to the prescribed term.

- The term of agricultural land lease for households and individuals must not exceed 50 years.

- Land allocation and land lease term for organizations to use for agricultural production, forestry, aquaculture, and salt production purposes; organizations, households, and individuals to use for commercial purposes, services, and as a non-agricultural production base; organize to implement investment projects; Vietnamese people residing abroad, enterprises with foreign investment capital to implement investment projects in Vietnam are considered and decided on the basis of investment projects or applications for land allocation or land lease, but no more than 50 years.

For projects with large investment capital but slow capital recovery, investment projects in areas with difficult socio-economic conditions, areas with particularly difficult socio-economic conditions that require time, If the term is longer, the term of land allocation or land lease shall not exceed 70 years.

For housing business projects for sale or for sale combined with rental or for lease purchase, the time limit for handing over land to the investor is determined according to the term of the project; Buyers of housing attached to land use rights can use the land for a long-term stability.

- The term of land lease to build headquarters of foreign organizations with diplomatic functions shall not exceed 99 years.

- The lease term for land belonging to the agricultural land fund used for public purposes of communes, wards and towns is no more than 05 years.

- Land for construction of public works of financially autonomous public service organizations and public works with business purposes not exceeding 70 years.

- For land plots used for multiple purposes, the land use term is determined according to the term of the type of land used for the main purpose.

- The above land allocation and land lease term is calculated from the date of the land allocation or land lease decision from the competent state agency.

However, at the end of the term, if the land user wishes to continue using the land, the State will consider extending the land use.

Thus, according to regulations, when the red book expires (the land has expired according to the law), the land user can continue to use the land in cases where the state allocates land and recognizes agricultural land use rights. for households and individuals directly engaged in agricultural production or the State will consider continuing to lease land in cases where households and individuals lease agricultural land or the State will consider extending land use. .

2. Procedures for extending land use

According to Article 74 of Decree 43/2014/ND-CP regulating the order and procedures for extending land use; Confirmation of continued use of agricultural land by households and individuals after the land use term expires as follows:

(i) Organizations, Vietnamese people residing abroad, foreign-invested enterprises, households, and individuals using land outside high-tech zones and economic zones and not falling into the cases specified in Clause 1 of this Article.(ii) and(iii) If there is a need to extend land use, please comply with the following regulations:

- At least 06 months before the land use term expires, the land user wishing to extend the land use period shall submit 01 set of dossier requesting extension of land use.

In case of adjusting an investment project that changes the project's operating term, submit an application for land use extension after receiving a document from a competent authority on adjusting the investment project;

- Natural resources and environment agencies are responsible for assessing land use needs; In case of eligibility for extension, the Land Registration Office shall be assigned to send cadastral information to the tax authority to determine financial obligations; submit to the People's Committee at the same level to decide on extension of land use rights; Sign a land lease contract in case of land lease; Transfer documents to the Land Registration Office for registration.

In the case of applying for extension of land use but having to carry out procedures for registering to adjust investment projects, the appraisal of land use needs is carried out at the same time as carrying out procedures for registering for adjustment of investment projects. private.

In case an investment project has an adjusted scale that changes the project's operating term, the land use term is adjusted according to the project's operating period;

- The land user submits the issued Certificate and documents of completion of financial obligations in case of extension of land use to the natural resources and environment agency;

- The land registration office is responsible for confirming the land use extension in the issued Certificate; Edit and update changes in cadastral records and land database; Give the Certificate to the grantee or send it to the Commune People's Committee for handing in case of submitting documents at the Commune level;

- For cases that do not meet the conditions for land use extension, the natural resources and environment agency notifies the land user and carries out land recovery procedures according to regulations.

(ii) Households and individuals directly engaged in agricultural production are using agricultural land assigned, recognized, or transferred by the State. When the land use term expires, they can continue to use the land according to the term. prescribed in Clause 1, Article 126 and Clause 3, Article 210 of the Land Law without having to carry out procedures to adjust the land use term.
(iii) In the case of households and individuals specified in Clause(ii) If you need to re-confirm the land use term on the Certificate, follow the following order and procedures:

- The land user submits an application to re-confirm the land use term;

- The Commune People's Committee where the land is located checks the records and confirms that households and individuals are directly using land for agricultural production without a land recovery decision from a competent state agency. and transfer documents to the Land Registration Office;

- The land registration office checks documents; confirm the term of permission to continue using the land according to the term specified in Clause 1, Article 126 and Clause 3, Article 210 of the Land Law in the issued Certificate; Edit and update cadastral records and land database and hand over the Certificate to the land user or send it to the Commune People's Committee for handing in case of filing at the commune level.