Can I get a red book if I am using self-reclaimed agricultural land before July 1, 2014?
Pursuant to Clause 4, Article 139 of the 2024 Land Law, it is stipulated as follows:
Article 139. Settlement of cases where households and individuals using land violate land laws before July 1, 2014.
- 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.
- In case a household or individual using land violates the land law as prescribed in Clause 1 and Clause 2 of this Article from July 1, 2014 onwards, the State shall not issue a Certificate of land use rights and ownership of assets attached to land and shall handle the case in accordance with the provisions of law.
- The Government shall detail this Article.
According to the above regulations, households and individuals who are using agricultural land reclaimed by themselves before July 1, 2014 without any disputes will be granted red books by the State according to the agricultural land allocation limit prescribed by the Provincial People's Committee.
If the limit set by the Provincial People's Committee is exceeded, the excess area must be converted to State land lease.
Will self-reclaimed agricultural land be compensated for land when the state reclaims the land?
Pursuant to Clause 2, Article 12 of Decree 88/2024/ND-CP, it is stipulated as follows:
Article 12. Land compensation for households and individuals using land for agricultural purposes
- In case of land use without land use right documents, if the conditions for compensation specified in Clause 1, Article 5 of this Decree are met, compensation for land shall be made for the area of land recovered but not exceeding the limit for agricultural land allocation to individuals specified in Article 176 of the Land Law.
- In case of land use in violation of land law before July 1, 2014, if the conditions for compensation specified in Clause 2, Article 5 of this Decree are met, compensation shall be paid for the area recovered but not exceeding the limit for agricultural land allocation to individuals specified in Article 176 of the Land Law.
For agricultural land that has been used stably due to self-reclamation, compensation for land is made according to the agricultural land allocation limit prescribed by the Provincial People's Committee.
Accordingly, in the case of agricultural land that has been used stably due to self-reclamation before July 1, 2014, when the State reclaims the land, compensation for land will be made according to the agricultural land allocation limit prescribed by the Provincial People's Committee.
