A case reflects obstacles when there is a house allocation paper of great solidarity but no specific land allocation decision, leading to concerns about whether they are eligible to be granted a Certificate of Land Use Rights (red book) or not.
Regarding this content, the Ministry of Agriculture and Environment said that current land law has clearly stipulated the types of documents used as a basis for issuing Land Use Right Certificates.
According to point a, clause 3, Article 137 of the 2024 Land Law, households and individuals who are using land stably and have legal documents such as donation certificates, inheritance certificates or documents for handing over houses of gratitude, houses of compassion, houses of great solidarity attached to land are considered for issuance of red books and do not have to pay land use fees.
It must be land-attached documents.
The Ministry of Agriculture and Environment emphasized that not all house handover papers of great solidarity meet the conditions to be used as a basis for issuing red books.
Specifically, only when documents show the handover of houses attached to land are considered land use rights documents according to regulations.
In case there is only a house handover paper but it does not show elements attached to land use rights, there is not enough legal basis to apply the provisions of Article 137 of the Land Law.
Need to compare specific records
According to the Ministry of Agriculture and Environment, the issuance of red books in each case needs to be based on specific dossiers and documents and the actual land use process.
Therefore, people need to check their existing documents and contact the local land management agency for guidance on determining the conditions for issuing Certificates according to regulations.
Whether or not a red book is issued depends not only on the house handover certificate but also on ensuring compliance with legal regulations and having sufficient grounds to prove legal land use rights.
