Land without a red book but eligible for a book issuance
According to Article 95 of the 2024 Land Law, households and individuals using land that is not subject to annual rent payment will still be compensated when the State reclaims it, if they meet one of the following conditions:
Having documents proving land use rights (red book, land allocation decision, land lease, or permission to change land use purpose);
Having documents that are eligible for a red book according to regulations;
Having received a legal transfer of land use rights but not yet completed the registration procedures;
To use land under a mortgage contract to settle debts or have a document recognizing the results of the land auction and have fulfilled financial obligations.
Agricultural land existing before July 1, 2004 but not eligible for a red book
According to the 2024 Land Law, agricultural land used before July 1, 2004 but not eligible for a red book can still be considered for compensation when the State reclaims it.
Specifically: "For agricultural land used before July 1, 2004, where the land users are households or individuals directly engaged in agricultural production but do not meet the conditions for being granted a Certificate of land use rights and ownership of assets attached to land as prescribed in this Law, compensation shall be implemented according to Government regulations".
Forms of compensation for land without a red book when the State reclaims
Land users who do not have a red book but are eligible for compensation when the State reclaims it can receive compensation in land or money.
Specifically, the State can compensate in the form of land with the same purpose of use, if the local land fund still exists. In case there is no longer a land fund, the person to be revoked will be compensated in cash corresponding to the value of land use rights according to the price list issued by the Provincial People's Committee at the time of recovery.
Compensation = Area of land recovered × Land price at the time of reclaimment
In addition, people whose land is recovered can also be considered for support to stabilize their lives, change careers and create jobs according to State policies
