Land violating land law before July 1, 2014
Youme Law Firm LLC replied: According to Article 139 of the 2024 Land Law, households and individuals who violate land laws can still be granted certificates if they meet the following conditions:
Case 1: Using land due to encroachment, occupation of safety protection corridors of works, encroachment on roadsides and sidewalks.
In this case, to be considered for a certificate if meeting the following conditions: There has been a planning adjustment but the encroached land area is no longer in the safety protection corridor of the project;
Not within the construction boundary;
Not intended for use in agency headquarters, public works and public works.
Case 2: Using encroached land, occupying land of agricultural and forestry origin
In case of using encroached or occupied land under the forestry planning for special-use forests or protective forests without a forest management board, the person using encroached or occupied land shall be allocated land by the State for the purpose of forest protection and development and considered for granting a Certificate.
If the encroached land is being used for agricultural production purposes, for housing purposes before July 1, 2014, not included in the forestry planning for special-use forests and protective forests, and not included in the land use planning for public infrastructure construction, it will be considered for granting a Certificate.
In case of stable land use, in accordance with district-level planning, general planning, zoning planning, construction planning, and rural planning, the Certificate will be considered for issuance.
Households and individuals who are using self-reclaimed agricultural land and have no disputes will be granted a Certificate.
Land has been allocated without proper authority
According to Article 140 of the 2024 Land Law, households and individuals can still be granted certificates for land allocated without proper authority at the time of allocation, land use due to purchase, receipt of liquidation, valuation, distribution of houses and construction works attached to land not in accordance with regulations if they meet the prescribed conditions, specifically:
Case 1: Stable use before October 15, 1993
The certificate is granted if the People's Committee of the commune where the land is located confirms that the land is not in dispute.
Case 2: Stable use from October 15, 1993 to before July 1, 2004
The certificate is granted if the People's Committee of the commune where the land is located confirms that the land is not in dispute, in accordance with the district-level planning, general planning, zoning planning, construction planning, and rural planning.
Case 3: Stable use from July 1, 2004 to before July 1, 2014
To be granted a certificate if the People's Committee of the commune where the land is located confirms that the land is not in dispute, in accordance with the district-level planning, general planning, zoning planning, construction planning, and rural planning as follows:
Area of land with houses, houses and works serving life greater than or equal to the limit of residential land allocation: Issuing red books for residential land area equal to the limit of residential land allocation. The remaining area (if any) after determination of the residential land area is recognized according to the status.
The area of a land plot with houses, houses and works serving life is smaller than the residential land allocation limit: The residential land area is determined to be the entire area of that land plot.
Case 4: Land allocated from July 1, 2014 to before August 1, 2024
Be granted a certificate if you meet the following conditions:
The People's Committee of the commune where the land is located confirms that the land is not in dispute, in accordance with the district-level planning, general planning, zoning planning, construction planning, and rural planning.
The land user has documents proving that he has paid the land use fee.
Note: The State does not consider granting Certificates for land allocated or leased without proper authority from July 1, 2014 onwards, except for the above 4 cases.
