According to Clause 2, Article 140 of the 2024 Land Law, it is stipulated as follows:
Article 140. Issuance of Certificates of land use rights and ownership of assets attached to land to households and individuals who are using land allocated without proper authority
Land allocated not in accordance with authority to households and individuals according to the provisions of land law at the time of allocation or use of land due to purchase, receipt of liquidation, valuation, distribution of houses, construction works attached to land not in accordance with the provisions of law, the issuance of Certificates of land use rights, ownership of assets attached to land shall be carried out as follows:
2. In case the land has been used stably from October 15, 1993 to before July 1, 2004, and is now certified by the People's Committee at the commune level where the land is located as having no disputes, in accordance with district-level land use planning or general planning or zoning planning or construction planning or rural planning, a Certificate of land use rights, ownership of assets attached to land shall be issued according to the provisions of Clauses 3 and 6, Article 138 of this Law.
Accordingly, households and individuals need to know 2 legal issues as follows:
(1) Conditions for issuing Certificates (red books)
- Land used stably from October 15, 1993 - before July 1, 2004
- There is no dispute.
- Suitable for planning
(2) Area certified
(a) For land with houses or houses and works serving life:
- If land area ≥ residential land recognition limit: The land area recognized is equal to the residential land allocation limit.
- If the land area where houses and works serving life have been built is greater than the residential land allocation limit: Recognizing the residential land area according to the actual area where houses, houses and works serving life have been built.
- If the land area is smaller than the residential land recognition limit: The entire area of the land plot is recognized as residential land.
(b) For land plots used for non-agricultural, commercial, and service production and business purposes:
- Recognizing land according to the actual area used
- Land use form: Land allocation with land use fees
- Land use term: Long-term stability
(c) For the remaining area: Determined according to the current land use status
- In case the current land use status is non-agricultural land not residential land:
+ Land recognition according to actual area used
+ Land use form: Land allocation with land use fees
+ Land use term: Long-term stability
- In case the current status of use is agricultural land: It is recognized in the form of the State allocating land without collecting land use fees.
If the land user has a need to be recognized for non-agricultural land purposes that are in accordance with the land use plan in the locality recognized for that purpose and must pay land use fees according to regulations.
- In case the use is land belonging to the group of agricultural land being used stably, now certified by the commune-level People's Committee as having no dispute, a certificate will be issued:
+ Form: The State allocates land without collecting land use fees for the land area being used but not exceeding the limit for allocating agricultural land to individuals.
+ Land use term: From the date of issuance of the certificate.
+ The remaining agricultural land area (if any): Must be converted to leasing land from the State.
