Speaking with Lao Dong Newspaper reporters, Lawyer Nguyen Pho Dung - Director of OPIC Law Firm and Associates, Hanoi Bar Association - said:
According to Point a, Clause 1, Article 151 of the 2024 Land Law, land users are not granted a Certificate of land use rights and ownership of assets attached to land (Red Book) for agricultural land used for public purposes as prescribed in Article 179 of the 2024 Land Law. Specifically:
- Agricultural land funds used for public purposes that have been established according to the provisions of land law over the periods will continue to be used to serve the public needs of the locality.
- Agricultural land fund used for public purposes of communes, wards and towns for the following purposes:
+ Construction of cultural, sports, public entertainment, medical, educational, market, cemetery and other public works invested, managed and used by the People's Committee at the commune level; construction of gratitude houses, charity houses, and great solidarity houses;
+ Compensation for people whose land is recovered when constructing works specified in the above point.
- For the land area not used for the purposes specified above, the People's Committee at the commune level shall lease it to local individuals for agricultural production and aquaculture through auction. The land use term for each lease shall not exceed 10 years.
- Agricultural land fund used for public purposes of communes, wards and towns is managed and used by the People's Committee of the commune where the land is located according to the planning and land use plan approved by the competent authority.
Thus, from August 1, 2024, agricultural land used for public purposes according to the above regulations will not be granted a Red Book.
