Reader Tong Anh Phuong (Cao Bang City) asked: "My house has a land area of about 10,000 square meters. 2 years ago the local government issued a decision to recover the land, but in the past 2 years we have not seen them do anything. , my family now wants to carry out procedures to issue a new red book (Certificate of land use rights), is it possible?".
Regarding this issue, Lawyer Nguyen Anh Thom (Hanoi Bar Association) stated the opinion that the Land Law 2024, effective from August 1, stipulates that land users are not granted red books and ownership rights. assets attached to land in some of the following cases.
- Agricultural land used for public purposes.
- Land allocated for management falls under the cases specified in Article 7 of this law, except in cases where the land allocated for use is combined with land allocated for management, then a red book will be issued for the land area used according to the law. Land allocation or land lease decisions of competent state agencies.
- Land leased or subleased from land users, except for cases of land leased or subleased from investors for infrastructure construction and business, in accordance with investment projects approved by competent authorities as well as is in this area.
- Contracted land, except in cases where land use rights are recognized for users of agricultural or forestry land that originates from land assigned, contracted, outright contracted, leased, or borrowed from previous agricultural or forestry enterprises. February 1, 2015 in the form of the State allocating land without collecting use fees...
- Land that has had a land recovery decision from a competent state agency, except in cases where it has been more than 3 years since the land recovery decision was issued without implementation.
- Land is in dispute, is being distrained, other measures are being applied to ensure judgment enforcement according to the provisions of law on civil judgment enforcement, land use rights are being subject to temporary emergency measures. according to regulations of the Law.
- Organizations that are allocated land by the State without collecting land use fees to use for public purposes and not for business purposes.
Thus, in the case of reader Anh Phuong, the family still needs to ask carefully to get an answer from the government whether to continue implementing the issued land recovery decision or not. After 3 years from the date of issuance of the revocation decision, if the locality does not comply, the family can take steps to apply for a red book according to regulations.
