In case the land is not issued with a red book
7 cases not issued a red book are specified in Clause 1, Article 151 of the 2024 Land Law as follows:
- Agricultural land is used for public purposes.
- Land allocated for management under the cases specified in Article 7 of the Land Law 2024 include:
+ Public works and safety corridors of works.
+ The soil has water surface of the river and specialized water surface.
+ The land fund has been recovered according to the decision of the competent authority.
+ Land for investment projects.
+ Land used for public purposes assigned; The land has not been allocated, not for rent in localities.
+ Unused land in unused islands to administrative units.
+ Land is allocated to the management community.
However, cases where the land is allocated for common use or for management is still granted a certificate for the land area used according to the decision on allocation and lease of land of the competent authority.
- Land leased or leased from land users: In case of renting or leasing the land of the investor with infrastructure suitable to the investment project that has been approved by the competent authority, it is still granted a certificate. receive.
- contracted land
Note: The contracted land is still recognized for land use rights if it is the land used for agricultural and forestry purposes of land allocated, contracted, contracted, leased, borrowed from agriculture and forestry farms before 1.2 .2015 in the form of land allocation but does not collect the use fee with the area of use and does not exceed the limit of agricultural land allocation to individuals (according to Point a, Clause 2, Article 181 of the Land Law 2024).
- The land has had a recovery decision of the competent authority, except for the case of more than 3 years from the time of the recovery decision but it has not been implemented.
- The land is being disputed, distrained or is being applied other measures to ensure the execution of judgments or land use rights being applied temporary emergency measures as prescribed.
- Organization of the State allocated land without collecting land use fees for construction of public works is not for business purposes.
In case the property is not granted a red book
Under the provisions of Clause 2, Article 151 of the 2024 Land Law, cases where the property is attached to the land is not issued with a pink book, including:
- Property attached to land is not possible or not eligible to be granted a certificate.
- Houses and construction works are temporarily built during the construction of the main construction or temporary construction with materials such as paintings, bamboo, cork, leaves and soil; Construction auxiliary works are outside the main project to serve the management, use and operation of the main works.
- Property attached to land has notified/decisions to clear/decide for land acquisition, except for cases of more than 3 years from the time of the recovery decision but not implemented.
- Housing and works were built after announcing the construction ban or intentionally encroaching on the protection landmarks: technical infrastructure works; historical - cultural relics; The property attached to the land created from the time of the approved planning but the created property is not consistent with the approved plan at the time of issuing the book.
- Property owned by the State, unless the property has been identified as the capital contributed to the State's enterprises.
- Property associated with land is not in the case specified in Article 148 and Article 149 of the 2024 Land Law.
