The land-use right certificate (red book) was issued on July 5, 2005, and it states ‘Land use term 2025’. So, is the land use term valid until January 1, 2025, July 5, 2025, or December 31, 2025?
Regarding this query, the Ministry of Agriculture and Environment clarified that as the specific type of land, form, and source of land use were not mentioned, their answer would be based on principles.
New land certificate book to be applied from January 1, 2025
According to Decision No. 24/2004 of the Minister of Natural Resources and Environment (now the Ministry of Agriculture and Environment) on the issuance of the Regulation on Land Use Right Certificates, information on the land plot is recorded in the section on land plots with the right to use. Point g, Clause 3 of this Decision stipulates the term of land use.
In the case of land allocated or leased by the State, the term shall be recorded according to the decision on land allocation or lease.
For land with recognized land use rights by the State, the term shall be recorded in accordance with the Land Law provisions on the purpose of land use and the recognized land user.
For land with a definite term of use, the following shall be recorded: “The term of land use expires on ?/?/?. (record the date of expiry)”; for land with a stable long-term use term, “long-term” shall be recorded.
Article 67 of the Land Law 2003 stipulates the term of land use with a definite term, which varies depending on the type of land and the form and source of land use.
Therefore, in the above case, if the land is allocated or leased by the State, the term shall be determined according to the decision on land allocation or lease.
If the land use right is recognized by the State, depending on the type of land and the form of land use prescribed in Article 67 of the Land Law 2003, the term shall be calculated from the date of issuance of the land use right certificate.
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How to Calculate the Land Use Expiration Date as Stated on the Red Book
“What is the land-use rights certificate (red book) issuance date, and how does it affect the land use expiration date? The certificate, issued on July 5, 2005, states a ‘land-use term: 2025’. This raises a question: Does the land use right expire on January 1, 2025, July 5, 2025, or December 31, 2025? “
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