Consulting on this content, Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm said as follows:
Cases of first-time issuance of red books
According to the 2024 Land Law, cases of first-time red book issuance do not require a minimum area to be granted a red book. However, it is necessary to meet specific conditions for each case.
Case 1: Issuing certificates to households, individuals, and communities using land with documents on land use rights (Article 137).
Case 2: Issuance of certificates for households and individuals using land without documents without violating land regulations or not falling under land allocation without proper authority (Article 138).
Case 3: Issuing certificates to households and individuals who are using land allocated without proper authority (Article 140).
In case of granting red books due to land division
In the case of granting red books due to division, it is also necessary to comply with the conditions of the land when dividing the plot to ensure the minimum area for the type of land in use according to the regulations of the Provincial People's Committee.
Clause 2, Article 220 of the 2024 Land Law stipulates the division and consolidation of plots as follows:
- The plots of land after separation must ensure the minimum area for the type of land in use according to the regulations of the Provincial People's Committee.
- In case the separated land area is smaller than the minimum area allowed for division, it must be done at the same time as merging the plot with the adjacent plot.
- In case the land has changed the purpose of use of a part of the land plot, after separation, the minimum area of the land plot must be equal to or larger than the minimum area of the land type after changing the purpose of use.
- In case the land plot has a combination of residential land and other types of land, it is not mandatory to separate the land plot when changing the purpose of use of a part of the land plot, except in cases where the land user has a need to separate.
- In case of dividing land use rights according to a court or decision but the division does not ensure the conditions, area and size are not sufficient according to the provisions of law, the plot cannot be divided.
Thus, it can be seen that for land division, it is mandatory to attach an area requirement depending on the type of land and the provisions of law. However, there are still some cases where land with an area smaller than the minimum area is still granted a red book according to Article 146 of the 2024 Land Law.
