Lawyer Nguyen Pho Dung - Director of Opic and Associate Co., Ltd., Hanoi Bar Association, said that according to the provisions of Article 95, Article 96 of the Land Law 2024, there are 2 cases of land without a red book but still compensated when the State recovers land.
There is no book but eligible for certification
Pursuant to Clause 1, Clause 2, Article 95 of the 2024 Land Law, there are as follows: Conditions to be compensated for land when the State recovers land for national defense and security purposes; socio -economic development for national and public benefits.
- Cases of compensation for land when the State recovers land for national defense and security purposes; Socio -economic development for national and public benefits includes:
+ Households and individuals using land are not land leased land to pay for the annual land.
- The cases specified in Clause 1 of this Article shall be compensated for land when there is one of the following conditions:
+ Having a certificate of land use rights or certificates of ownership of houses and land use rights or certificates of land use rights, ownership of houses and other assets attached to land or certificates land use rights, ownership of properties attached to land.
+ Having decisions on land allocation or decision to lease land or decision to allow changes in land use purpose of competent state agencies.
+ There is one of the papers on land use rights as a basis for granting land use right certificates and property ownership attached to land as prescribed in Article 137 of this Law.
+ Receive transfer of land use rights in accordance with the law from people with legal land use rights but have not yet completed the procedures for land registration.
+ Land use as agreed in the mortgage contract to handle debt; The document recognizes the auction results of the land use right that the winner has fulfilled the financial obligations in accordance with the law.
According to the above provisions, households and individuals who are using land are not annual land rental land when there is one of the conditions specified in Clause 2, Article 95 of the above Land Law 2024, which will be compensated. Usually land when the State recovers land.
Therefore, the current regulations are not required to have a red book to be compensated for land.
Agricultural land is available before July 1, 2004 without eligible for the red book
Accordingly, based on Clause 3, Article 96 of the 2024 Land Law is prescribed as follows: Compensation for land when the State recovers agricultural land of households and individuals
- For agricultural land used before July 1, 2004, land users are households and individuals directly producing agricultural production but not eligible to be granted certificates of land use rights and rights. The property is attached to the land in accordance with this Law, the compensation shall comply with the Government's regulations.
Thus, agricultural land used before July 1, 2004 of households and individuals directly producing agricultural production but not eligible to be granted a red book, they will still be compensated when the State recovers land. However, it should be noted, the compensation in this case is comply with the Government's regulations.
