According to the 2024 Land Law, Article 139 stipulates the issuance of land use right certificates (red books) for encroached land. Specifically, encroached land after July 1, 2014 will not be granted red books and will be reclaimed by the State, including:
According to regulations, July 1, 2014 is the deadline for stable and legal land use. Land encroached after this deadline will not be granted a red book because it violates land law. The goal is to prevent encroachment on public land and protect land use order.
Encroached land belongs to the protection corridor of public works such as traffic roads including roadsides, sidewalks, and curbs; irrigation works including dykes and drainage systems; national defense and security works. These corridors have been announced and clearly marked; any encroachment after announcement will not be granted a red book and will be revoked.
Encroached land belonging to land planned for public purposes such as parks, schools, hospitals, and cultural houses will not be granted a red book even if people have used it stably before.
Encroached land under the management of the State or organizations and individuals such as protective forest land, special-use forest land; Public land; Land assigned to other organizations or individuals for legal use.
Encroached land that is not in accordance with planning includes encroached land located in areas planned for infrastructure construction, encroached land that does not ensure the ability to serve agricultural production.
Land that is being encroached upon and is in dispute and has not been resolved or is being seized to enforce a judgment will not be granted a red book to any party.
Land encroachment from specific land law violations, including illegal encroachment on public land and unauthorized conversion of land use purposes.
Lawyer Truong Anh Tu (TAT Law Firm) said: “The issuance of Land Use Right Certificates, also known as red books, for encroached land has been specifically regulated by the 2024 Land Law, requiring strict compliance with legal regulations to ensure the legitimate rights of the people and fairness in land management.”
Lawyers note that the encroached land must have a clear origin and not be public land, forest land, environmental protection land or land owned by the State. If the land is in the process of dispute resolution, the issuance of the red book will be suspended until a final decision is made.
Land users who encroach on land must fulfill financial obligations according to regulations, including: land use fees calculated according to the land price list at the time of consideration for granting red books; Payment of administrative fines if there are previous violations; Payment of related taxes and fees including registration fees and fees for granting land use right certificates.
