Youme Law Firm LLC said: Clause 3, Article 91 of the 2024 Land Law stipulates the principle of compensation for property damage when the State acquires land as follows:
"Property owners who suffer property damage as prescribed by civil law shall be compensated for the damage; owners of production and business establishments that must stop production and business due to land acquisition by the State shall be considered for support."
Thus, even without a Certificate, the legal owner of the property attached to the land is still compensated if there is damage caused by land acquisition.
Besides, land without red book is still exercised the rights of land users.
According to Youme Law Firm LLC: Clause 1, Article 45 of the 2024 Land Law stipulates that land users are allowed to exercise the rights to convert, transfer, lease, sublease, inherit, donate, mortgage land use rights; contribute capital with land use rights when the following conditions are met:
Have a Certificate of land use rights or a Certificate of house ownership and land use rights or a Certificate of land use rights, house ownership and other assets attached to land or a Certificate of land use rights, assets attached to land; 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, residential communities and cases specified in Clause 7, Article 124 and Point a, Clause 4, Article 127 of this Law;
Land has no dispute or the dispute has been resolved by a competent state agency, court judgment, decision, arbitration decision or award that has 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;
During the land use period;
Land use rights are not subject to temporary emergency measures as prescribed by law".
Thus, according to Point a, Clause 1, Article 45 of the 2024 Land Law, there are cases where land use rights can be transferred or donated even without a Certificate:
Case 1: When inheriting land use rights, converting agricultural land when consolidating land, exchanging plots, or donating land use rights to the State or community.
Case 2 (Point a, Clause 4, Article 127 of the 2024 Land Law): Households and individuals who have not been granted a Certificate but are eligible for a Certificate are allowed to transfer land use rights, lease, sublease land use rights, and contribute capital using land use rights to implement projects.
