Consulting on this case, Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm - said:
At Point a, Clause 1, Article 151 of the 2024 Land Law, it is stipulated that cases of not being granted certificates of land use rights and ownership of assets attached to land, including agricultural land, are as follows:
- Land users are not granted certificates of land use rights and ownership of assets attached to land in the following cases:
+ Agricultural land used for public purposes as prescribed in Article 179 of this Law.
Accordingly, agricultural land used for public purposes as prescribed in Article 179 of the 2024 Land Law will not be granted a red book. Agricultural land funds used for public purposes include:
- The agricultural land fund used for public purposes that has been established in accordance with the provisions of the law on land through the periods will continue to be used to serve the public needs of the locality.
- Agricultural land funds used for public purposes of communes, wards and towns for the following purposes:
+ Build cultural, sports, entertainment, public health, education, markets, cemeteries and other public works invested, managed and used by the People's Committees at the commune level; build houses of gratitude, charity houses, solidarity houses;
+ Compensation for people whose land is recovered when constructing works specified in Point a, Clause 2, Article 179 of the 2024 Land Law.
- For land areas not used for purposes specified in Clause 2, Article 179 of the 2024 Land Law, the People's Committees at the commune level shall lease them to local individuals for agricultural production and aquaculture in the form of auction. The land use term for each lease shall not exceed 10 years.
- Agricultural land funds used for public purposes of communes, wards and towns are managed and used by the People's Committees of communes where the land is located according to the planning and land use plan approved by competent authorities.
