In many localities, people are still cultivating agricultural land plots without land use right certificates. This is a continuous consequence from decades ago, when many areas of land were opened, transferred by hand or used according to customs and practices without completing legal procedures.
The 2024 Land Law, effective from August 1, 2024, creates a clearer legal framework for these cases.
According to Article 138 of the 2024 Land Law, households and individuals who are using land without land use right documents as prescribed in Clauses 1, 2 and 3, Article 137, are granted a Land Use Right Certificate if they meet the conditions prescribed by the Government.
This is the legal basis for legalizing most of the agricultural land without documents, including cases of stable use before but without original documents.
The law also clearly stipulates the types of documents recognized during the process of considering the issuance of Certificates. Clause 2, Article 137 states:
"In case a household or individual is using land with documents on land use rights under the name of another person but has documents on land use rights transfer established before July 1, 2014 and there is no dispute, they will be considered for granting a Certificate of land use rights, house ownership rights and other assets attached to the land".
However, in reality, legalizing land without documents still faces many barriers. First, there must be documents proving that the use process is stable, uncontested and in accordance with the planning. Many households cannot keep old documents, or only have oral confirmation from local authorities without sufficient legal basis.
Cases of land excavated, encroached or transferred after 2014 by handwritten documents often do not meet the conditions for recognition.
Currently, the implementation of the provisions in Articles 137 and 138 of the 2024 Land Law has a legal basis, when the guiding decrees have been issued. However, the application in practice in many localities is still facing difficulties due to problems in verifying land origin and completing documents for granting certificates.
