Land used before 1980 is considered for red book issuance
Based on Article 138 of the 2024 Land Law, in cases where land has no papers but does not violate land law, and is not subject to land allocation beyond authority, it is considered for issuance of a red book. Notably, land used before December 18, 1980, now certified by the commune-level People's Committee as having no disputes, is an important basis for carrying out procedures for issuing a red book.
General conditions for land without papers
To be considered for red book issuance, land users must meet the following conditions:
Land is being used stably, continuously, without disputes.
No encroachment, no misuse.
Suitable for land use planning, construction planning (if any).
Certified by the commune-level People's Committee for the time and process of land use.
How to determine the area of residential land recognized
For land plots with houses and works serving life, the residential land area is recognized based on the residential land limit according to local regulations:
If the land area is equal to or greater than the limit, residential land is recognized as equal to the limit, land use fees are not required to be paid;
If the construction area exceeds the limit, recognize it according to the actual construction area, and the part exceeding the limit must pay land use fees;
If the land plot area is smaller than the limit, the entire area is recognized as residential land, without having to pay land use fees.
Recognition of production and business land and remaining area
For land used for non-agricultural, commercial, and service production and business purposes, the area is recognized according to the actual status of use, form of land use such as the State allocating land with land use fees, stable and long-term use term.
The remaining land area is determined according to the current status of use. In case it is agricultural land, the State recognizes it in the form of land allocation without collecting land use fees. If land users have a need to convert to non-agricultural land and is in accordance with the plan, they must pay land use fees according to regulations.
