Conditions for granting red books for encroached land
Youme Law Firm LLC said: According to Article 139 of the 2024 Land Law, households and individuals can still be granted land use right certificates (red books) if they violate land laws.
Case 1: Using land due to encroachment or occupation of the safety corridor of a construction project after it has been announced by the State, occupying the roadway or sidewalk, or occupying land to build headquarters of agencies, public works, or public facilities is considered for granting a certificate when meeting the following conditions:
There has been a planning adjustment but the encroached land area is no longer in the safety corridor of the construction; not within the construction boundary; and is not intended for use as headquarters of agencies, public works and public facilities.
Case 2: Using encroached or occupied land under forestry planning for special-use forests or protective forests without a Forest Management Board, the person using the encroached or occupied land will be allocated land by the State for the purpose of forest protection and development and considered for issuance of a Certificate.
If the encroached land is being used for agricultural production or housing purposes before July 1, 2014, and is not included in the forestry planning for special-use forests and protective forests, and is not included in the land use planning for public infrastructure construction, a Certificate will be considered for issuance.
Case 3: Using land for purposes other than those for which the State has allocated land, leased land, or recognized land use rights, but the person is using the land stably, in accordance with district-level planning, general planning, zoning planning, construction planning, and rural planning, then the person will be considered for a Certificate.
Case 4: Households and individuals using self-reclaimed agricultural land and having no disputes will be granted a Certificate according to the agricultural land allocation limit; if the limit is exceeded by the Provincial People's Committee, the excess area must be converted to State land lease.
Fees payable when issuing red book
Land use fee
Article 11 of Decree 103/2024 stipulates land use fees when granting Certificates to households and individuals using land in violation of land laws before July 1, 2014.
In particular, for households and individuals using land before December 18, 1980 and now being granted a Certificate of Land Use Rights by a competent state agency for residential purposes, land use fees are calculated as follows:
The land area granted a Certificate is within the land recognition limit as prescribed in Clause 5, Article 141 of the Land Law:
The land area granted a Certificate exceeds the land recognition limit as prescribed in Clause 5, Article 141 of the Land Law:
The land area is now granted a Certificate for non-agricultural land purposes (if any) according to the provisions of the Decree on granting certificates:
Registration fee
Pursuant to Clause 1, Article 3 of Decree 10/2022/ND-CP, the registration fee payable for real estate when registering land for the first time remains the same as before at 0.5%.
Accordingly, the registration fee to be paid = (price of 1m2 of land in the land price list x area of land use right certificate) x 0.5%
Application review fee
Clause 5, Article 3 of Circular 85/2019 stipulates that the fee for appraising documents when issuing a certificate for the first time is under the authority of the Provincial People's Council, so the collection level will be different between provinces and cities. The collection level ranges from 500,000 VND - 5 million VND.
Certificate issuance fee
The fee for issuing a Certificate (cover fee) is issued by the People's Council of the province or city, so the collection rate is different. The fee for issuing a Certificate for the first time is from 100,000 VND or less, some provinces collect 120,000 VND.
