Youme Law Firm LLC said that from August 1, 2024 onwards, when eligible, land users will be granted a Certificate according to the common form of the Ministry of Natural Resources and Environment with the legal name of Certificate of land use rights and ownership of assets attached to land.
When a land plot is granted a red book, people have full rights of land users such as transfer, donation, and compensation. However, in some cases, households that have not been granted a red book still have certain rights, including the privilege of receiving compensation for land.
According to Youme Law Firm, land without a Certificate includes two cases: Not eligible for a Certificate; or eligible for a Certificate but not yet granted.
In case of eligibility for a Certificate but not yet granted: Point a, Clause 1 and Clause 2, Article 95 of the 2024 Land Law stipulates that households and individuals using land other than leased land with annual land rent payment shall be compensated for land when the State recovers land for national defense and security purposes; socio-economic development for national and public interests if they meet one of the following conditions:
With Certificate;
There is a decision on land allocation or land lease or decision on permission to change land use purpose from a competent authority;
Have one of the documents on land use rights to issue a Certificate;
Received transfer of land use rights in accordance with legal regulations but has not completed land registration procedures;
Use land under mortgage contract to settle debt; document recognizing auction results that have fulfilled financial obligations.
Thus, even if the Certificate has not been granted but the conditions for granting it are met and one of the above documents is available, the household or individual will still be compensated for the land if it is not leased land with annual land rent payment.
Ineligible for Certificate issuance: Although not eligible for Certificate issuance, households and individuals directly engaged in agricultural production are still compensated for land, provided that the agricultural land was used before July 1, 2004.
This content is clearly stipulated in Clause 3, Article 98 of the 2024 Land Law as follows: "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 to be granted a Certificate of land use rights and ownership of assets attached to land according to the provisions of this Law, compensation shall be made according to the Government's regulations".
Thus, according to Clause 3, Article 96 of the 2024 Land Law, the only case that does not meet the conditions for granting a Certificate but is still entitled to land compensation is: Agricultural land used before July 1, 2004, where the land user is a household or individual directly engaged in agricultural production.
