According to Lao Dong's research, many people are concerned that the area of land they own is too small, not eligible for a red book according to new state regulations.
Regarding this issue, the 2024 Land Law clearly stipulates that if applying for a first red book, the minimum area is not required but it is necessary to meet all the conditions for granting a red book in each case.
Case 1: Issuing certificates to households, individuals, and communities using land with documents on land use rights (Article 137).
Case 2: Issuance of certificates for households and individuals using land without documents without violating land regulations or not falling under land allocation without proper authority (Article 138).
Case 3: Issuing certificates to households and individuals who are using land allocated without proper authority (Article 140).
In case of granting red books due to land division:
In case of issuing a red book due to the separation of the parcel, it is also necessary to comply with the conditions of the land when separating the parcel, which must ensure the minimum area for the type of land used in accordance with the provincial People's Committee's regulations.
Clause 2, Article 220 of the 2024 Land Law stipulates the division and consolidation of plots as follows:
The plots of land after separation must ensure the minimum area for the type of land in use according to the regulations of the Provincial People's Committee.
In case the area of the divided land is smaller than the minimum area allowed for division, it must be done at the same time as merging the plot with the adjacent plot.
In case the land has changed the purpose of using a part of the parcel, after splitting the minimum area of the land parcel, it must be equal to or greater than the minimum area of the soil type after changing the purpose of use.
In case the land plot has a combination of residential land and other types of land, it is not mandatory to separate the land plot when changing the purpose of use of a part of the land plot, except in cases where the land user has a need to separate.
In case of dividing land use rights according to a court's judgment or decision but the division does not ensure the conditions, area and size are not sufficient according to the provisions of law, the plot cannot be divided.
Thus, for land division, it is mandatory to attach the requirement of area depending on the type of land and the provisions of law. However, there are still some cases where land with an area smaller than the minimum area is still granted a Red Book according to Article 146 of the 2024 Land Law.
