Referring to this content, the Ministry of Agriculture and Environment said that according to the provisions of Clause 3, Article 139 of the 2024 Land Law, in cases where the State has allocated land, leased land, or recognized land use rights but used the land for the wrong purpose, it is a case of land use that violates land law before July 1, 2014.
In cases where the State has not allocated land, leased land, or recognized land use rights without land use right documents, has not violated land laws, or is not a case of land allocated without proper authority, the issuance of red books shall comply with the provisions of Article 138 of the 2024 Land Law.
Accordingly, there are 5 types of land without documents granted red books:
Households and individuals using land before December 18, 1980;
Households and individuals using land from December 18, 1980 to before October 15, 1993;
Households and individuals using land from October 15, 1993 to before July 1, 2014.
The condition is that the land is confirmed by the Commune People's Committee without disputes, along with specific regulations according to the area and purpose of land use.
Households and individuals who are allocated agricultural land but have used it as residential land or non-agricultural land before July 1, 2014 without documents are also granted a red book. This regulation only applies to landlords with permanent residence registration in the locality with difficult or especially difficult socio-economic conditions, confirmed by the People's Committee of the commune that there is no dispute.
Households using land stably for agricultural purposes, confirmed by the Commune People's Committee as not having a dispute, are also granted red books in the form of land allocation by the State without collecting money. The area exceeding the limit must be converted to lease by the State.
The remaining households and individuals using land without documents and not eligible for a red book according to the above cases will be temporarily used according to the current status until the State reclaims it.
The 2024 Land Law stipulates that the State is responsible for granting red books to registered and eligible cases.
