Case 1: No red book but eligible for a red book
Pursuant to Clause 1 and Clause 2, Article 95 of the 2024 Land Law, there are cases of compensation for land when the State reclaims land for national defense and security purposes; socio-economic development for national and public interests, including: Households and individuals currently using land other than leased land pay annual land rent...
The cases specified in Clause 1 of this Article are compensated for land when one of the following conditions is met:
a) Having a Certificate of land use rights or a Certificate of house ownership rights and land use rights or a Certificate of land use rights, house ownership rights and other assets attached to land or a Certificate of land use rights and ownership rights of assets attached to land.
b) Having a decision on land allocation or a decision on land lease or a decision allowing change of land use purpose from a competent state agency.
c) Having one of the documents on land use rights as a basis for granting a Certificate of land use rights and ownership of assets attached to land as prescribed in Article 137 of this Law.
d) Receiving the transfer of land use rights according to the provisions of law from a person with legal land use rights but has not completed the land registration procedures.
d) To use land according to the agreement in the mortgage contract to settle debts; documents recognizing the results of the auction of land use rights for which the auction winner has fulfilled financial obligations according to the provisions of law.
According to the above regulations, households and individuals who are using land other than leased land and pay annual land rent when meeting one of the conditions specified in Clause 2, Article 95 of the 2024 Land Law will be compensated for land when the State reclaims the land.
Therefore, the current regulation does not require a red book to be compensated for land.
Case 2: Agricultural land existing before July 1, 2004 that is not eligible for a red book
Accordingly, based on Clause 3, Article 96 of the 2024 Land Law, it is stipulated as follows:
For agricultural land used before July 1, 2004, where the land users are households or individuals directly engaged in agricultural production but do not meet the conditions for being granted a Certificate of land use rights and ownership of assets attached to land as prescribed in this Law, compensation shall be implemented in accordance with Government regulations.
Thus, agricultural land used before July 1, 2004 by households and individuals directly engaged in agricultural production but not eligible for a red book will still be compensated when the State reclaims the land.
