Only 1 case of land granted by the wrong authority after 2014 was granted a red book
In case of land granted by the wrong authority, if it is allocated from July 1, 2014 - before August 1, 2024, a red book will be issued. Accordingly, the conditions for land granted by the wrong authority after 2014 to still be granted a red book (according to Clause 4, Article 140 of the 2024 Land Law) are as follows:
- Land allocated from July 1, 2014 - before August 1, 2024.
- The People's Committee of the commune where the land is located confirms that the land is not in dispute.
- In accordance with local land use planning.
- Have full receipts and documents proving land use fee payment.
In case of land granted by the wrong authority, the red book must be revoked.
According to the provisions of Point d, Clause 2, Article 152 of the 2024 Land Law, in case the land is granted to the wrong authority and has been granted a red book, it is also one of the cases where the granted Certificate will be revoked.
"The certificate was issued without proper authority, to the wrong land user, for the wrong land area, not meeting the conditions for issuance, not for the correct land use purpose or land use period or land use origin according to the provisions of the land law at the time of issuance of the certificate".
Note, when there is a decision to revoke but the issued red book is not returned, the competent authority will proceed to cancel the red book.
The Provincial People's Committee has the authority to decide to reclaim land when land is granted without proper authority.
According to the provisions of Clause 1, Article 83 of the 2024 Land Law, the Provincial People's Committee has the authority to decide to reclaim land in cases where land is granted without proper authority.
Land recovery cases are as follows:
- Using land for the wrong purpose; having been administratively sanctioned for using land for the wrong purpose but still re-offending.
- Committing acts of land destruction; having been punished for land destruction but still reoffending.
- Land is assigned or leased to the wrong subject or authority.
- Land transferred or donated from people to whom the State allocates land or leases land that is not allowed to be transferred or donated.
- Land assigned by the State for management but allowed to be encroached upon and occupied.
- Failure to fulfill financial obligations to the State.
- Land for growing annual crops and aquaculture land must not be used for 12 consecutive months...
- Land is allocated, leased, allowed to change the purpose of use, recognized the right to use, the right to transfer the right to use land to carry out investment projects but not used for 12 consecutive months...
