Two cases of land without a red book will still be compensated when the State reclaims the land, according to the provisions of Article 95 and Article 96 of the 2024 Land Law.
Land without a red book but eligible for a land use right certificate (red book)
Land users who do not have a red book but meet the conditions under Article 134 of the 2024 Land Law will be compensated, including:
- Having documents proving land use rights but not yet granted a red book (for example: legal purchase, sale, transfer, inheritance, land allocation decision of competent authority...).
- The land is used stably, without disputes and is eligible for a red book according to regulations.
- Having paid land use fees or having documents proving land use rights according to land policies through the periods.
In this case, the land user will be compensated the same as land with a red book according to the land price prescribed by the State.
Agricultural land existing before July 1, 2024 that is not eligible for a red book
According to Clause 3, Article 96 of the 2024 Land Law: "For agricultural land used before July 1, 2004, where the land users are households or individuals directly engaged in agricultural production but do not meet the conditions for being granted a Certificate of land use rights and ownership of assets attached to land as prescribed in this Law, compensation shall be implemented according to Government regulations".
Thus, this case can still be compensated or supported according to specific policies of the Government.
Cases of not being compensated for land
If the land is used but without legal documents and does not meet the conditions for granting red books according to Article 134 of the 2024 Land Law, when it is recovered, compensation for the land will not be paid. However:
- If there are crops, livestock, or legitimate construction works on the land, the landowner will still be compensated or supported to relocate these assets.
- Land users can enjoy some support from local authorities:
- Support for stabilizing production and living: The support level helps people change jobs or stabilize income after having their land recovered.
- Support for job conversion (if the recovered land is the main source of income for the family).
- Relocation support (if the land has a legal house affected).
Opportunity to apply for recognition of land use rights for compensation
In case the land use right can be recognized for compensation if the land user proves that the land has been used stably, without disputes, and is recognized by the local government but has not yet issued a red book, the land use right can be recognized according to Article 134 of the 2024 Land Law. At that time, the land will be compensated as in the case of having a red book, according to the land price prescribed by the State.
In short, land without a red book but eligible for a certificate or agricultural land used before July 1, 2004 can be compensated when it is recovered.
If they do not meet the compensation requirements, people can still receive financial support or relocation support from local authorities.
