The first red book issuance does not specify a minimum area.
Youme Law Firm replied:
According to Article 137, Article 138, Article 140 of the 2024 Land Law, cases that are granted the first certificate include:
Case 1: Granting Certificates to households, individuals, and residential communities that are using land with documents on land use rights (based on Article 137 of the 2024 Land Law)
Case 2: Granting Certificates to households/individuals who are using land without documents but do not violate land laws or are not in cases where land is allocated without proper authority (Article 138 of the 2024 Land Law)
Case 3: Granting of Certificate of land use rights and ownership of assets attached to land to households and individuals using land allocated without proper authority (Article 140 of the 2024 Land Law).
Accordingly, it can be seen that the requirements for first-time issuance of certificates under the 2024 Land Law do not require a minimum area to be granted a red book.
That means that a land plot smaller than the minimum area can still be granted a Certificate if it meets the conditions.
In 2024, how many square meters of land must be divided to be granted a red book?
Clause 2, Article 220 of the 2024 Land Law stipulates the division and consolidation of land plots as follows: In case of land division, in addition to the principles and conditions prescribed in Clause 1 of this Article, the following conditions must also be ensured:
The land plots after separation must ensure the minimum area with the type of land in use according to the regulations of the Provincial People's Committee;
In case the area of the land plot to be separated is smaller than the minimum area allowed for separation, the land plot must be merged with the adjacent land plot at the same time.
Accordingly, to be separated, the land plot must meet the minimum area requirements for the type of land in use according to the regulations of the Provincial People's Committee.
If after the division of the plot the area is smaller than the minimum area, the plot must be merged with the adjacent plot at the same time.
Note: In some cases where the land plot has an area smaller than the minimum area, it can still be granted a red book according to Article 146 of the 2024 Land Law.
