Youme Law Firm LLC replied: Pursuant to Article 138 of the 2024 Land Law, it is stipulated that the issuance of certificates of land use rights and ownership of assets attached to land (red books) for households and individuals who are using land but do not have documents must meet the following conditions:
Currently using land stably without one of the types of documents on land use rights specified in Article 137 of the 2024 Land Law;
Not subject to land law violations before July 1, 2014;
Not subject to land allocation without proper authority;
Now the People's Committee of the commune where the land is located has confirmed that there is no dispute.
The 2024 Land Law has divided the groups granted land use right certificates for land without documents according to the time frame into 3 groups, including:
Households and individuals using land before December 18, 1980, now confirmed by the People's Committee of the commune where the land is located, that there is no dispute;
Households and individuals using land from December 18, 1980 to before October 15, 1993, now confirmed by the People's Committee of the commune where the land is located to have no disputes;
Households and individuals using land from October 15, 1993 to before July 1, 2014 are now confirmed by the People's Committee of the commune where the land is located as not in dispute.
Thus, the time frame for recognizing land use rights for land without documents that is being used stably by individuals and households, according to the 2024 Land Law, will be extended by 10 years compared to the old regulations (only considering cases from 2004 onwards).
According to the provisions of the 2024 Land Law, only those who are using land before July 1, 2024 and simultaneously meet the new conditions are granted a red book:
Have a permanent residence permit in the locality;
Directly engage in agricultural, forestry, aquaculture, and salt production in areas with difficult socio-economic conditions and areas with particularly difficult socio-economic conditions;
Be confirmed by the People's Committee of the commune where the land is located as having used the land stably;
The land is not in dispute.
To be granted a red book for land without documents, land users must pay many other fees, in addition to land use fees, they must also pay: registration fees, file appraisal fees, red book issuance fees, etc.
