Cases where red books are not granted
7 cases where red books are not granted include:
+ Agricultural land used for public purposes according to Article 179 of the 2024 Land Law.
+ Land assigned for management in the cases specified in Article 7 of the 2024 Land Law, except for the case where land is assigned for shared use with land assigned for management, a red book will be granted for the land area used according to the land allocation or land lease decision of a competent State agency.
+ Land leased or subleased from land users, except for land lease or sublease from investors building and trading infrastructure, in accordance with investment projects approved by competent authorities.
+ Contracted land, except for cases where land use rights are recognized at Point a, Clause 2, Article 181 of the 2024 Land Law.
+ Land has a land recovery decision by a competent State agency, except in cases where it has been more than 3 years since the date of the land recovery decision but it has not been implemented.
+ Land is in dispute, is being seized, or other measures are being applied to ensure enforcement of judgments according to the provisions of law on civil judgment enforcement; land use rights are being subject to temporary emergency measures according to the provisions of law.
+ Organizations are allocated land by the State without collecting land use fees for public purposes not for business purposes.
Cases where properties attached to land are not granted red books
Below are 6 cases where properties attached to land are not granted red books:
+ Property attached to land is in one of 7 cases where a certificate is not issued or does not meet the conditions for a red book issuance according to the current Land Law.
+ Housing or construction works built temporarily during the construction of the main work or temporarily built with materials such as thatch, bamboo, rattan, leaves, soil; auxiliary works located outside the scope of the main work and to serve the management, use and operation of the main work.
+ Assets attached to land that have been notified or decided to clear or have had a land recovery decision by a competent State agency, except in cases where it has been more than 3 years since the date of such notification or decision but it has not been implemented.
+ Houses and constructions built after the announcement of construction ban; construction encroaching on and occupying protective boundary markers:
- Technical infrastructure works.
- Ranked historical and cultural relics.
- Assets attached to land created after the time the planning was approved by the competent authority, but the assets created are not consistent with the planning approved at the time the red book was issued.
+ Assets owned by the State, except for assets that have been identified as State capital contributed to the enterprise according to the guidance of the Ministry of Finance.
+ Assets attached to land not falling under the cases specified in Articles 148 and 149 of the 2024 Land Law.
