The reclaimed land is a land that is being reclaimed and other land but the time when the land use is not under the use of organizations, households and other individuals. The use of reclaimed land is the use of land in the field but has not yet completed the procedures for land allocation and lease of land in accordance with the law.
According to current land law, reclaimed land can be recognized by the State and granted a red book in some specific cases. This recognition depends on many factors such as the time of excavation, land use purpose, and dispute status.
Pursuant to Article 138 of the 2024 Land Law, the recognition of land use rights for households and individuals who are using land before July 1, 2014 is divided into 2 specific cases, including:
Case 1:
Before July 1, 2014, it was divided into 3 time points:
+ Before December 18, 1980;
+ From December 18, 1980 - before October 15, 1993;
+ From October 15, 1993 - before July 1, 2014.
At the same time, meet the following conditions:
- Currently using land stably at each of the above-mentioned times.
- Not violating land laws.
- Not subject to unauthorized land allocation.
- Now the People's Committee of the commune where the land is located has confirmed that there is no dispute.
Compared to the provisions of the 2013 Land Law, this regulation has no change but only extends the time of recognition of land use rights for land without documents by 10 years compared to the old regulation, i.e. from July 1, 2004 to July 1, 2014.
Case 2:
Households and individuals who are using land without documents before July 1, 2014 will be recognized for land use rights if they meet the conditions in Clause 5, Article 138 of the 2024 Land Law as follows:
Households and individuals who are eligible for agricultural land allocation as prescribed in Clause 1, Article 118 of this Law and have used residential land and non-agricultural land before July 1, 2014 without the documents prescribed in Article 137 of this Law, have registered their permanent residence in a locality in an area with difficult socio-economic conditions, or an area with particularly difficult socio-economic conditions, and are now confirmed by the People's Committee of the commune where the land is located to have no disputes, shall be granted a Certificate of land use rights and ownership of assets attached to the land and shall not have to pay land use fees.
The land area is determined when granting a Certificate of land use rights and ownership of assets attached to land in accordance with the provisions of Clauses 1, 2, 3 and 4 of this Article.
The big change lies in the second case. This regulation is clearer than before. Therefore, the opportunity to issue red books for land without documents will also increase.
Thus, even though the family's land origin is reclaimed land, as long as they meet the prescribed conditions, they will still be granted a red book.
