1. Changes in conditions for recognizing land without documents
In Article 138 of the 2024 Land Law, the recognition of land use rights for households and individuals who are using land without documents before July 1, 2014 is divided into 2 specific cases, including:
Case 1:
- Before July 1, 2014, it is divided into 3 time points:
+ Before December 18, 1980;
+ From December 18, 1980 - before October 15, 1993;
+ From October 15, 1993 - before July 1, 2014.
- In addition, the following conditions must be met:
+ Currently using land stably at each of the above-mentioned times.
+ Not violating land laws.
+ Not subject to unauthorized land allocation.
+ Now the People's Committee of the commune where the land is located has confirmed that there is no dispute.
Compared to the provisions of the 2013 Land Law, this regulation has no change but only extends the time of recognition of land use rights for land without documents by 10 years compared to the old regulation, i.e. from July 1, 2004 to July 1, 2014.
Case 2:
Households and individuals who are using land without documents before July 1, 2014 will be recognized for land use rights if they meet the conditions in Clause 5, Article 138 of the 2024 Land Law as follows:
Households and individuals who are subject to agricultural land as prescribed in Clause 1, Article 118 of this Law have used residential land and non -agricultural land before July 1, 2014 without papers specified in Article 137 of this Law, with permanent residence registration in areas with difficult socio -economic conditions, areas with extremely difficult socio -economic conditions, which are not certified by the People's Committees where the People's Committee has not yet certified by the People's Committees where the People's Committee is not certified by the People's Committees where the People's Committee has no land -level certification of the People's Committee, which is not certified by the People's Committee of the People's Committee, which is not certified by the People's Committee of the People's Committee where there is a commune -level committee, which is not certified by the People's Committee of the People's Committee, is not certified by the People's Committee of the People's Committee, has not been certified by the People's Committee of the People's Committee, is not certified by the People's Committee of the People's Committee. land use, ownership of properties attached to land and not having to pay land use fees. The land area is determined when granting a certificate of land use rights and ownership of assets attached to the land complies with Clauses 1, 2, 3 and 4 of this Article.
Thus, the major change lies in the second case, this regulation is clearer than before. Therefore, the opportunity to issue red books for land without documents will also increase.
2. Land encroached or occupied after July 1, 2014 will not be granted a red book
According to Clause 5, Article 139 of the 2024 Land Law, when households and individuals using land in violation from July 1, 2014 onwards will not be granted a red book and will be handled according to regulations in the following two cases:
- Using land due to encroachment or occupation of safety protection corridors for public works after the State has announced, marking protection corridors or encroaching, occupying roads, sidewalks, and sidewalks after the State has announced construction boundaries or encroaching on land, occupying land used for the purpose of building agency headquarters, public works, or other public works.
- Using land due to encroachment, occupying land of agricultural and forestry origin that has been allocated land by the State without collecting land use fees to subjects from July 1, 2014 onwards.
At the same time, if a household or individual uses land for housing to violate land laws due to encroachment or occupation of land from July 1, 2014 onwards, the State will not compensate for the land.
