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, which is divided into 3 time frames:
- Before December 18, 1980;
- From December 18, 1980 - before October 15, 1993;
- From October 15, 1993 - before July 1, 2014.
At the same time, meet the following conditions:
- 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 current regulations in the 2013 Land Law, this regulation extends the time for recognizing land use rights for land without documents by 10 years compared to the old regulations. That is, 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 allocated agricultural land according to the provisions of Clause 1, Article 118 of this Law:
+ Having used residential land or non-agricultural land before July 1, 2014 without the documents specified in Article 137 of this Law.
+ Having registered permanent residence in a locality in an area with difficult socio-economic conditions, an area with particularly difficult socio-economic conditions, now confirmed by the People's Committee of the commune where the land is located that there is no dispute.
=> Being granted a certificate of land use rights, ownership of assets 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 land in accordance with the provisions of Clauses 1, 2, 3 and 4 of this Article.
The big 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.
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 of public works after the State has announced and marked the protection corridor. Or encroach on or occupy the roadway, sidewalk, and sidewalk after the State has announced the construction boundary. Or encroach on land, occupy 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.
