When a land dispute occurs, individuals using land may be restricted or lose some of the following rights: Individuals using land are not allowed to exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights.
Pursuant to Clause 1, Article 27 of the 2024 Land Law, individuals using land are allowed to exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights according to the provisions of the 2024 Land Law and other relevant laws.
Clause 1, Article 45 of the 2024 Land Law stipulates that individuals using land are allowed to exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights when meeting all of the following conditions:
- Having a red book, except for cases of inheritance of land use rights, conversion of agricultural land when consolidating land, exchanging plots, donating land use rights to the State, communities and cases specified in Clause 7, Article 124 and Point a, Clause 4, Article 127 of the 2024 Land Law.
- Land without disputes or disputes that have been resolved by competent state agencies, judgments, decisions of the Court, decisions or judgments of the Arbitration that have come into legal effect.
- Land use rights are not subject to seizure or other measures to ensure enforcement of judgments in accordance with the provisions of the law on civil judgment enforcement.
- Within the land use term.
- Land use rights are not subject to temporary emergency measures as prescribed by law.
From the above regulations, when there is a land dispute, individuals using land cannot exercise the rights to transfer, lease, inherit, donate or mortgage land use rights...
Individuals using land that do not meet the conditions for being granted a first-time "red book"
- Land with documents but has not yet completed land use rights transfer procedures before August 1, 2024
Pursuant to the provisions of Clause 5, Article 137 of the 2024 Land Law, individuals who are using land and have one of the types of documents on land use rights specified in Clauses 1, 2, 3 and 4, Article 137 of the 2024 Land Law and have the name of another person on those documents, along with documents on the transfer of land use rights, but before August 1, 2024 have not completed the procedures for transferring land use rights according to the provisions of law and that land is not in dispute, will be granted a red book.
- Land without documents that do not violate land laws, not falling under the case of land allocated without proper authority
Pursuant to Article 138 of the 2024 Land Law, for individuals who are using land with documents under the name of another person (attached with documents on the transfer of land use rights) but have not completed the procedures for transferring rights before August 1, 2024 or are using land without documents (allocated under the right authority, not violating the law on land), now that land is in dispute, they do not meet the conditions for being granted a first red book.
Individuals using land are not granted a "red book"
According to current regulations, specifically Point e, Clause 1, Article 151 of the 2024 Land Law, for land in dispute, being seized, other measures will be applied to ensure enforcement of judgments according to the provisions of the law on civil judgment enforcement; land use rights are subject to temporary emergency measures according to the provisions of law, land users will not be granted red books.
Thus, when there is a land dispute, individuals using the land will not be eligible for a Red Book according to the law, to ensure transparency, fairness and avoid further conflicts between the parties involved.
