What is encroached land?
Land occupation is the use of land managed by the State or land of another legal user, without permission from a competent authority or that person himself.
Land encroachment is the relocation of boundary markers and boundaries of a land plot to expand the area without permission from a competent authority or legal user.
Cases of encroached land are still granted red books
According to Article 139 of the 2024 Land Law, 4 cases of encroached land are still granted red books, including:
Firstly, households and individuals using land before July 1, 2014 due to encroachment on the protection corridor of public works, roads, sidewalks, land for building headquarters, and public works will be revoked by the State and not granted red books. However, if after the planning adjustment, this area is no longer a corridor, boundary or public purpose, the land user will be considered for a red book and must pay financial obligations according to regulations.
Second, households and individuals using land before July 1, 2014 due to encroachment and occupation of land originating from farms and forestry farms have been allocated land by the State without collecting land use fees to subjects through the periods.
In case the encroached land is under the planning of special-use and protective forests, the Provincial People's Committee will reclaim it and assign it to the Forest Management Board. Users can be contracted to protect and develop forests. If there is no Forest Management Board, the State will allocate land to protect and develop protective forests and can consider granting red books.
In case of encroachment on land before July 1, 2014 and is currently being used for agricultural production purposes or housing, not subject to forest planning or public works, the red book will be considered and financial obligations must be paid.
Third, households and individuals encroaching on land that is not in the above cases or using land for the wrong purpose but is in stable use, in accordance with the planning, will be considered for granting red books and must fulfill financial obligations according to regulations.
Fourth, households and individuals who self-reclaim agricultural land and are not in dispute will be granted a red book within the limit prescribed by the Provincial People's Committee; the area exceeding the limit must be leased by the State.
