What is suspended land?
Currently, there are no specific legal regulations on the concept of land subject to suspended planning. However, the term land subject to this suspended planning is very common.
However, according to Clause 7, Article 76 of the 2024 Land Law, as follows: The land area is determined in the annual land use plan at the district level, which has been approved by the competent authority to implement the project or must change the land use purpose, but after 2 consecutive years is determined in the annual land use plan at the district level, there is no decision to recover land or not allowed to change land use rights, the district land use rights must be approved, the authorities must review and review the land use rights, the authorities must review the land use authority, the authorities have to approve the land use rights, the district land use rights are not allowed to approve the land use rights, the authorities must review and review the land use rights, the district land use rights, the authorities must review the land use right, the authorities must review the land use authority, the district land use rights, the authority of the land use right, the authorities must review and review the land use authority, the authority of the district land use right, the authority assessment of adjustment, cancellation and publicize the adjustment, cancellation of land acquisition or canceling the change of land use purpose for the land area determined in the annual land use plan at the district level.
In case the competent authority approving the annual district-level land use plan does not adjust, cancel or adjust, cancel but does not publicly announce it, the land user is not restricted in land use rights as prescribed by law.
Accordingly, it can be understood that land subject to suspended planning is a situation where the land area determined in the annual land use plan has been approved by the competent authority for recovery to implement the project, but after 2 years, the land use plan has not been implemented on time.
Can land subject to suspended planning be granted a red book before changing the new land price list for 2026?
Pursuant to Point d, Clause 1, Article 151 of the 2024 Land Law, the following cases of not being granted a Certificate of land use rights and ownership of assets attached to land are stipulated:
- Land users are not granted a Certificate of land use rights and ownership of assets attached to land in the following cases:
+ Land has had a land reclamation decision of a competent state agency, except in cases where it has been more than 3 years since the date of the land reclamation decision but has not been implemented;
Therefore, according to the provisions of Clause 7, Article 76 and Point d, Clause 1, Article 151 of the 2024 Land Law, land subject to suspended planning can still be granted a red book in the following 2 cases:
(1) The decision to reclaim land by a competent authority has not been implemented for more than 3 years.
(2) If the competent authority adjusts or cancels the planning, the land user is not restricted in land use rights (requires to issue a red book) according to regulations.
Thus, if they fall into the two cases mentioned above, land subject to suspended planning can be granted a red book before changing the new land price list for 2026.
