The Government has issued Decree 49/2026/ND-CP (effective from January 31, 2026) detailing and guiding a number of articles of Resolution 254/2025/QH15 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the 2024 Land Law.
Based on Article 20 of Decree 49/2026/ND-CP stipulating land registration and issuance of Certificates (red books) as follows:
Article 20. Regulations on land registration and issuance of Certificates
1. In case the certificate of land use rights issued to households and individuals before August 1, 2024, states that the term of agricultural land use is long-term or does not show the land use term, when registering land changes, the land use term is re-determined as 50 years from the date the competent authority confirms the change on the issued certificate or issues a new Certificate of land use rights and ownership of assets attached to land.
2. The land use right certificate issued before July 1, 2004 does not fall into the cases specified in Clause 6, Article 141 of the Land Law and has not specifically determined the residential land area but is shown as residential land with other land, for example "residential land", "concentrated land", "housing land", "residential land + garden", "T", "TV", "TQ", "TTT", then it is resolved as follows:
a) Provincial People's Committees shall base on the provisions of the law on land through periods, the process of land management and use and the actual conditions in the locality to stipulate the determination of residential land area, and stipulate other cases where the residential land area has not been specifically determined on the issued certificate to apply the provisions of this clause;
b) For land use right certificates specified in this clause that have been certified to have changed on the certificate or in cases where the recipient transfers the entire land plot that has been granted a new certificate from July 1, 2004 onwards but the residential land area has not been specifically determined on the certificate, the determination of residential land area shall be carried out according to the provisions of point a of this clause;
c) In case the land use right transferee has been granted a new Certificate and the residential land area is specifically determined on the Certificate, the residential land area is not determined according to the provisions of this clause;
d) When land users carry out procedures for registering land changes, the competent authority issuing the Certificate of land use rights and ownership of assets attached to land is responsible for simultaneously determining the residential land area specified in this clause. In case land users have a need to carry out separate procedures to determine the residential land area, they shall carry out the procedures and procedures prescribed by the Provincial People's Committee.
