1. Many types of land without papers will be granted red books from August 1, 2024
Pursuant to Article 138 of the 2024 Land Law, the Certificate of land use rights and ownership of assets attached to land (red book) is granted to households and individuals who meet the following conditions:
- Using land stably without having one of the types of land use right documents specified in Article 137 of the 2024 Land Law.
- Not in violation of land law before July 1, 2014.
- Not in the case of land allocation without proper authority.
- Now the People's Committee of the commune where the land is located confirms that there is no dispute.
In particular, the 2024 Land Law specifies 3 specific time frames for considering granting red books:
+ Before December 18, 1980
+ From December 18, 1980 - before October 15, 1993
+ From October 15, 1993 - before July 1, 2014.
Thus, it can be seen that, compared to the 2013 Land Law, the 2024 Land Law has extended the time limit for granting Red Books for land without documents, specifically extending the period up to 10 years, from July 1, 2004 to July 1, 2014.
2. There are 4 cases of land violations that are still granted Red Books from August 1, 2024.
Pursuant to Article 139 of the 2024 Land Law, land users who violate the following cases will still be considered for red book issuance:
Case 1:
In case of land encroachment or occupation of public works safety corridors after the State has announced and marked the protection corridors, or encroachment or occupation of roads, roadsides, and sidewalks after the State has announced construction boundaries, or encroachment or occupation of land used for the purpose of building agency headquarters, public works, or other public works, the State shall reclaim the land to return it to the construction without granting a Certificate of land use rights and ownership of assets attached to the land for the encroached or occupied land area.
In case the land use planning and construction planning have been adjusted and approved by competent authorities, but the encroached land area is no longer within the safety corridor of public works; is not within the road construction boundary; and is not intended for use as headquarters of agencies, public works and other public works, the person currently using the land shall be considered for the issuance of a Certificate of land use rights and ownership of assets attached to the land and must fulfill financial obligations in accordance with the provisions of law.
Case 2:
- Currently using encroached land area of agricultural and forestry origin that has been allocated land by the State without collecting land use fees under the planning for protection and development of special-use forests and protective forests in areas where there is no Forest Management Board.
- Currently using encroached land area of agricultural and forestry origin that has been allocated land by the State without collecting land use fees for agricultural production purposes for housing before July 1, 2014 and is not included in forestry planning for special-use forests, protective forests, and construction of public infrastructure works.
Case 3:
In case a household or individual is using land due to encroachment or occupation that does not fall into the two cases mentioned above and in case of using land for purposes other than those for which the State has allocated land, leased land, or recognized land use rights, if the land is being used stably, in accordance with the district-level land use planning or general planning or zoning planning or construction planning or rural planning, they will be considered for granting a Certificate of land use rights and ownership of assets attached to land and must fulfill financial obligations according to the provisions of law.
Case 4:
Households and individuals using agricultural land that is self-reclaimed and has no disputes shall be granted by the State a Certificate of land use rights and ownership of assets attached to the land according to the agricultural land allocation limit prescribed by the Provincial People's Committee; if the limit prescribed by the Provincial People's Committee is exceeded, the excess area must be converted to State land lease.
3. Cases of granting red books for land allocated without proper authority from August 1, 2024
Pursuant to Article 140 of the 2024 Land Law, land is allocated to households and individuals without proper authority according to the provisions of the law on land at the time of allocation or land use due to purchase, liquidation, valuation, distribution of houses and construction works attached to land not in accordance with the provisions of law, the issuance of a Certificate of land use rights and ownership of assets attached to land must satisfy the following conditions:
- Now the People's Committee of the commune where the land is located confirms that there is no dispute.
- In accordance with land use planning.
- Land users have documents proving that they have paid money to use the land.
In which, 3 specific time frames will be considered for granting red books:
+ Before December 18, 1980
+ From December 18, 1980 - before October 15, 1993
+ From October 15, 1993 - before July 1, 2014.
