Concept of devastated land
Open land is a popular name for people, based on the practical use and origin of land use rights of households and individuals.
Encroached land is different from encroached land. Encroached land is land that has not been allocated, leased, or recognized by the State to others, and that people have exploited it themselves. Encroached land is land that has been allocated or leased to others, but is arbitrarily occupied by another individual or organization without permission.
Conditions for granting red books for vacant land
Conditions for granting red books to families and individuals using land before July 2014 as prescribed in Article 138 of the 2024 Land Law are divided into 2 specific cases:
In the first case, the land is being used stably before July 1, 2014. If the land does not violate the law on land, the land is not subject to illegal land allocation; Now the People's Committee of the commune where the land is located has confirmed that there is no dispute.
Case 2, households and individuals using land without documents before July 1, 2014 are recognized for land use rights if they comply with the conditions specified in Clause 5, Article 138 of the 2024 Land Law. This regulation is clearer than before, so the opportunity to issue red books for land without documents will also increase.
Procedure for granting red books for vacant land
Step 1: Submit documents:
People submit to the One-stop Department, Land Registration Office, or the People's Committee of the commune where the land is located.
Step 2: Receive and appraise
The competent authority will receive and check the dossier. The People's Committee of the commune confirmed the land use process of the people. The land registration office will verify the origin and current status of the land plot.
Step 3: Notice of financial obligations
After checking the information, the competent authority will send information to the tax authority to determine and notify the payment of land use fees and fees (if any).
Step 4: Complete financial obligations
People pay taxes and fees according to the notice of the competent authority.
Step 5: Return the result
The land registration office will complete the dossier, submit it to the competent authority for signing and hand over the red book to the people. The time to return the results is no more than 30 working days.
