1. Is land allocated without authority before 2004 granted a red book?
According to the provisions of Article 140 of the 2024 Land Law, the conditions for granting red books for land allocated without proper authority to households and individuals at the time of allocation or use of land due to purchase, liquidation, valuation, distribution of houses and construction works attached to land not in accordance with the provisions of law are determined as follows:
- For land that has been used stably before October 15, 1993:
+ Do not violate land laws.
+ Confirmed by the People's Committee of the commune where the land is located that there is no dispute.
- For land that has been used stably from October 15, 1993 to before July 1, 2004:
+ Do not violate land laws.
+ Confirmed by the People's Committee of the commune where the land is located that there is no dispute.
+ In accordance with district-level land use planning or general planning or zoning planning or construction planning or rural planning.
Thus, land allocated without authority before 2004 can still be granted a red book if it meets the above conditions.
2. Will land acquired before 2004 be compensated?
According to Clause 3, Article 5 of Decree 88/2024/ND-CP, land allocated without proper authority will still be compensated when recovered by the State if it falls into one of two cases:
- Households and individuals using land allocated without proper authority before July 1, 2014.
- Households and individuals using land allocated without proper authority from July 1, 2014 to before August 1, 2024, on condition that they have paid the land use fee in full.
Specific compensation is stipulated in Articles 10, 12, 13 of Decree 88/2024/ND-CP. Some typical cases are stated as follows:
a, For land used stably before October 15, 1993
- In case of recovery of all or part of land with houses and constructions serving life with an area ≥ the recognized residential land limit, compensation will be equal to the recognized residential land limit.
- In case the recovered land has been used to build houses or other works serving daily life exceeding the recognized residential land limit, compensation will be made according to the actual constructed area after deducting land use fees.
- In case the recovered land area is less than the recognized residential land limit, the entire recovered land area will be compensated.
b, For land used stably from October 15, 1993 to before July 1, 2004
If the land user has full documents proving that he/she has paid land use fees, the specific compensation cases are as follows:
- Recovering all or part of land with an area ≥ residential land allocation limit: Compensation equal to residential land allocation limit.
- The land area built exceeding the residential land allocation limit will be compensated according to the actual built area.
- Recovered area < residential land allocation limit: Compensation for the entire recovered area.
c, For agricultural land used before July 1, 2004
Households and individuals using agricultural land before July 1, 2004, if they do not meet the conditions for granting a Certificate but the area of land recovered exceeds the compensation limit, the Provincial People's Committee may provide other support depending on the actual situation.
d, For non-agricultural land that is not residential land
If the land has been used stably before October 15, 1993, the recovered area is < residential land recognition limit: The entire recovered area will be compensated.
Thus, land allocated without authority before 2004 can still be granted a red book or compensated when the State reclaims the land, but must fully meet the legal conditions. Land users need to carefully check the above regulations and contact the competent authority for support.
