Proposal to issue red books for land with procedural violations before August 1, 2024
The draft revised Land Law is expected to be submitted to the National Assembly for consideration at the second session (October 2026). This draft law is being finalized by the Ministry of Agriculture and Environment.
According to the draft revised Land Law, there are many changes related to land use right certificates.
Compared to the 2024 Land Law, the draft does not specify the documents on land use rights as a basis for issuing Certificates; the issuance of Certificates in cases where there are documents on land use rights, no documents on land use rights that do not violate land law, and do not fall into cases of land allocation beyond authority; issuance of Certificates in cases of violations of land law, cases of using land allocated not in accordance with authority; issuance of Certificates for land construction in urban areas, rural residential areas, production and business projects with many different purposes, for land with cultural heritage, scenic spots; issuance of Certificates for land plots with an area smaller than the minimum area, for assets that are houses, assets that are non-housing construction works, for land plots within the scope of many commune-level administrative units...
The spirit institution of Resolution No. 21-NQ/TW, the draft Law has stipulated that registration and Certificates are carried out in 02 forms: paper or electronic and have the same legal value.
The State considers issuing Certificates for cases of land use with procedural violations before August 1, 2024 that do not fall into the case of land encroachment or land occupation from July 1, 2014 onwards, but that land has been used stably, without disputes, in accordance with planning, without affecting national defense, environmental security, and construction safety; no retroactivity for cases that have been granted certificates with a long-term stable land use term in accordance with the provisions of land law at the time of issuance of the Certificate.
Many cases are expected not to be granted red books
Land managers and land users are not granted Certificates in the following cases:
a) Land leased or subleased from land managers and land users, except for cases of leasing or subleasing land from investors for infrastructure construction and business, in accordance with investment projects approved by competent authorities;
b) Contracted land, except for cases where land use rights are recognized according to the provisions of law;
c) Land that has a land recovery notice still valid according to the provisions of the land law; land that has a land recovery decision from a competent state agency, except in cases where it has been more than 03 years since the time of the land recovery decision but that decision has not been implemented;
d) Land is in dispute, is being distrained, and other measures are being applied to ensure judgment enforcement in accordance with the law on civil judgment enforcement; land use rights are being subject to temporary emergency measures in accordance with the law;
e) Land recovered by the State and assigned to agencies and organizations for short-term management and exploitation.
