According to Lawyer Tran Tuan Anh - Director of Bright Legal Company, based on Article 140 of the Land Law No. 31/2024/QH15, only a few of the following types of land are granted red books even if they are land granted without authority due to purchase, receipt of liquidation, valuation, distribution of houses and construction works attached to land that are not in accordance with regulations, including:
- Land used stably before October 15, 1993 was confirmed by the People's Committee of the commune as uncontested land.
- Land used stably from October 15, 1993 - before July 1, 2004 is confirmed by the People's Committee of the commune as uncontested land. In accordance with land use planning, general planning, zoning planning, construction planning, rural planning.
- Land used stably from July 1, 2004 - before July 1, 2014 is confirmed by the People's Committee of the commune as not in dispute. In accordance with land use planning, general planning, zoning planning, construction planning, rural planning.
- Land allocated from July 1, 2014 - before August 1, 2024 is confirmed by the People's Committee of the commune as uncontested land. In accordance with land use planning and with documents proving that the money has been paid for land use.
Note, for land granted by the wrong authority after July 1, 2014, a red book will not be issued except in cases where the land was allocated from July 1, 2014 - before August 1, 2024, without disputes, in accordance with the planning and with full documents and receipts proving the full payment of taxes and land use fees from 2014 to present. Land users who are granted land by the wrong authority to be granted a red book are required to fulfill financial obligations according to the law.
In addition, according to Lawyer Tran Tuan Anh, in Clause 3, Article 81 of the 2024 Land Law, land granted by the wrong authority is one of the cases of land recovery due to violations of land laws:
- Using land for purposes other than those assigned, leased, or recognized by the State and having been administratively sanctioned for land use violations and continuing to violate.
- Land users destroying land and having been administratively sanctioned for land destruction but continuing to violate.
- Land is allocated or leased to the wrong subject or without proper authority.
- Land received by transfer or donation from a person to whom the State has allocated or leased land, but the person to whom the land is allocated or leased is not allowed to transfer or donate according to the provisions of this Law.
- Land assigned by the State for management but is encroached upon or occupied.
- Land users who do not fulfill financial obligations to the State
In addition, in cases where land is granted by the wrong authority and has been granted a red book, it is also one of the cases where the issued certificate will be revoked according to the provisions of Point d, Clause 2, Article 152 of the 2024 Land Law.
Accordingly, the State revokes the issued certificate when: The certificate has been issued without proper authority, to the wrong land user, to the wrong land area, not meeting the conditions for issuance, not for the right land use purpose or land use term or land use origin according to the provisions of the land law at the time of issuance of the certificate.
In case there is a decision to revoke but the issued certificate is not returned, the competent authority issuing the certificate will cancel the Red Book.
