Land without documents can easily be granted a red book if it meets this condition

Minh Huy |

The issuance of red books depends on the time of land use, current status and confirmation of no disputes by the People's Committee of the commune. People need to pay attention to 3 important timelines.

Land used before December 18, 1980

If the land user is confirmed by the People's Committee at the commune level that there is no dispute, he/she will be considered for a red book.

In case the land plot has houses, works serving life, the residential land area is recognized according to the limit; if the construction area exceeds the limit, the excess must pay land use fees. In case the land plot area is smaller than the limit, the entire area is recognized as residential land and no land use fee must be paid.

For land used for non-agricultural production and business purposes, trade and services, the area is recognized according to the actual use, stable term, long term and must fulfill financial obligations.

The remaining area is determined according to the current status; if it is agricultural land, the State will allocate land without collecting fees, in case of converting to non-agricultural land in accordance with the planning, the land use fee must be paid according to regulations.

Land used from December 18, 1980 to before October 15, 1993

If the land user is confirmed by the People's Committee at the commune level to have no disputes, he/she will be considered for a red book. At that time, land with houses and works serving life will be recognized as residential land according to the limit and will not have to pay land use fees. In case the construction area is larger than the limit, the excess of the limit must fulfill financial obligations.

If the land plot area is smaller than the residential land recognition limit, the entire area is determined to be residential land. Land used for non-agricultural production, business, commercial and service purposes is recognized according to current regulations. The remaining land area is determined according to the current status of use; agricultural land allocated by the State without land use fees.

Land used from October 15, 1993 to before July 1, 2014

If the land user is confirmed by the People's Committee at the commune level that there is no dispute, he/she will be considered for a certificate.

Land with houses and works serving life is recognized according to the limit of land allocation in rural and urban areas; in case the construction area is larger than the limit, it will be recognized according to the actual construction area. If the land plot area is smaller than the residential land allocation limit, the entire area is determined to be residential land.

For land used for non-agricultural production, business, trade and service purposes, recognition is carried out according to regulations. The remaining area is determined according to the current status; agricultural land is allocated by the State without collecting fees.

In case the land user wants to switch to non-agricultural purposes in accordance with the planning, he/she must pay land use fees and fully fulfill financial obligations.

In addition, in cases where a plot of land is used by many households and individuals, the residential land limit is determined by the total limit of the households.

For households and individuals living in areas with difficult and especially difficult socio-economic conditions, using land before July 1, 2024, without documents but confirmed by the People's Committee at the commune level as not in dispute, they will be granted a red book and not have to pay land use fees.

In case of stable use of agricultural land, not exceeding the limit, the State will allocate land without collecting fees; the area exceeding the limit (if any) must be converted to State land lease.

Minh Huy
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