Based on Clause 2, Article 5 of Decree 88/2024/ND-CP amended by Clause 3, Article 11 of Decree 49/2026/ND-CP effective from January 31, 2026 stipulating land violations of land law to be granted red books without meeting the conditions of being in accordance with planning as follows:
Article 5. Other cases eligible for land compensation and conditions for land compensation specified in Clause 3, Article 95 of the Land Law
2. Households and individuals who are using land and have violated land law before July 1, 2014 and have used land stably, are eligible for consideration for issuing a Certificate of Land Use Rights according to the provisions of Clause 1, Point a and Point c Clause 2, Clause 3, Clause 4 Article 139 of the Land Law without having to meet the conditions of being in accordance with the plan.
Referring to Clause 1, Point a and Point c Clause 2, Clause 3, Clause 4 Article 139 of the 2024 Land Law as follows:
Article 139. Resolution for cases of households and individuals using land with violations of land law before July 1, 2014.
1. In case of land use due to encroachment and occupation of the safety protection corridor of public works after the State has announced and planted protection corridor markers or encroachment and occupation of roads, sidewalks, and sidewalks after the State has announced construction boundaries or land encroachment and occupation of land used for the purpose of building agency headquarters, public works, and other public works, the State shall recover land to return it to the project without issuing a Certificate of land use rights and ownership of assets attached to land for the encroached and occupied land area.
In cases where land use planning and construction planning have been adjusted and approved by competent authorities, but now the encroached and occupied land area is no longer in the safety protection corridor of public works; does not belong to the construction boundary of traffic roads; does not have the purpose of use for agency headquarters, public works and other public works, the land user is considered for issuance of a Certificate of land use rights, ownership of assets attached to land and must fulfill financial obligations according to the provisions of law.
2. In case of land use due to land encroachment, land occupation originating from agricultural and forestry farms that have been allocated land by the State without collecting land use fees to subjects through periods, the handling is as follows:
a) In case of using encroached and occupied land area under forestry planning for special-use forests and protection forests, the Provincial People's Committee shall direct the recovery of encroached and occupied land to hand over to the Forest Management Board for management and use. People who are using encroached and occupied land are considered by the Forest Management Board for contract protection and development of forests according to the provisions of law on forestry. In case there is no Forest Management Board, people who are using encroached and occupied land are allocated land by the State for use in the purpose of protecting and developing protection forests and are considered for issuance of Certificates of land use rights and ownership of assets attached to land;
c) In case of land encroachment, land occupation and now being used for agricultural production or housing purposes from before July 1, 2014, not belonging to the forestry plan for special-use forests, protection forests, not belonging to the land use plan for the purpose of building public infrastructure works, the land user is considered for issuance of a Certificate of land use rights, ownership of assets attached to land and must fulfill financial obligations according to the provisions of law.
3. In case households and individuals are using land due to land encroachment and land occupation that does not fall into the cases specified in Clauses 1 and 2 of this Article and in case of using land for the wrong purpose that has been allocated land, leased land, and recognized land use rights by the State, the handling is as follows:
a) In case the person is using land stably, in accordance with district-level land use planning or general planning or zoning planning or construction planning or rural planning, it is considered for issuance of Certificates of land use rights, ownership of assets attached to land and must fulfill financial obligations according to the provisions of law;
b) In cases not covered by the provisions of point a of this clause, the person currently using the land is allowed to temporarily use it until the State recovers the land, but must maintain the current status of land use and must declare land registration according to regulations.
4. Households and individuals who are using agricultural land due to self-reclaimed land, without disputes, are granted Certificates of land use rights and ownership of assets attached to land by the State according to the agricultural land allocation limit prescribed by the Provincial People's Committee; if exceeding the limit prescribed by the Provincial People's Committee, the area exceeding the limit must be converted to land lease from the State.
