According to Lao Dong reporter, Point a, Clause 1, Article 151 of the 2024 Land Law stipulates cases of not being granted certificates of land use rights and ownership of assets attached to land.
Accordingly, 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.
Thus, land users are not granted red books for agricultural land used for public purposes as prescribed in Article 179 of the 2024 Land Law:
The agricultural land fund used for public purposes that has been established in accordance with the provisions of the law on land over the periods will continue to be used to serve the public needs of the locality.
The agricultural land fund is 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 Committee of the commune; build houses of gratitude, charity houses, solidarity houses.
Compensation for people whose land is recovered when constructing works specified in the above point.
For land areas not used for the above-mentioned purposes, the People's Committee of the commune shall lease them to local individuals for agricultural production and aquaculture under the form of auction. The land use term for each lease shall not exceed 10 years.
The agricultural land fund used for public purposes of the commune, ward, or town is managed and used by the People's Committee of the commune where the land is located according to the planning and land use plan approved by the competent authority.
Thus, agricultural land used for public purposes according to the above regulations will not be granted a red book.
