According to Clause 1, Article 142 of the 2024 Land Law, organizations using land that have not been granted a Land Use Rights Certificate must self-declare the current status of land use and report to the People's Committee of the province where the land is located.
Based on the status of land use status of the organization, the provincial People's Committee where the land has actual inspection of land use and handling according to the following regulations:
1. Determining forms of land use and granting Certificates
- For organizations with documents specified in Article 137 of the 2024 Land Law: Using land for the right purpose: The competent authority determines the form of land use according to regulations and issues a Land Use Rights Certificate (LURC).
- For organizations without documents according to Article 137 of the 2024 Land Law: Implement according to the form of land use prescribed in Articles 118, 119 and 120 of the Land Law.
- If the land is subject to lease in Article 120 of the 2024 Land Law: The land lease contract must be signed before granting a land use right certificate.
2. Land use term
For organizations with documents specified in Article 137 of the Land Law, the land use term is determined according to those documents.
In case the papers do not record the land use deadline or have a land use term but not in accordance with the provisions of the land law at the time of such papers, the land use term is determined in accordance with Article 172 of the Land Law:
- The term is calculated from October 15, 1993 for cases of land use before October 15, 1993.
- The term is calculated from the date of the decision on land allocation or land lease in cases of land use from October 15, 1993 onwards.
3. Land recovery in cases of violations
The provincial People's Committee decides to reclaim land from organizations in the following cases:
- Using land for the wrong purpose.
- Encroaching, occupying land.
- Illegally leased or borrowed by other organizations or individuals.
- Illegal joint ventures and associations.
- Land not used for more than 12 months, or used for more than 24 months.
4. Land that the organization had arranged for housing for individuals before the law took effect
The organization must hand it over to the People's Committee at the district level to:
- Issuing QSDD GCN to the user. Land users must pay financial obligations.
- State-owned enterprises (agricultural, forestry, fishery, salt production).
If the land was allocated for housing before July 1, 2004, it is necessary to:
- Submit to the Provincial People's Committee for approval before handover.
- Develop a plan to arrange residential areas.
5. Cases of land disputes
The land plot is only granted a Land Use Rights after the dispute is resolved according to the law.
Thus, an organization is granted a red book (Certificate) while using land (allocated, leased or recognized by the State for land use rights) and has not been granted a Certificate.
