Details of regulations on land without papers being granted red books

The Land Law (amended) was passed by the National Assembly at the 5th extraordinary session of the 15th National Assembly, consisting of 16 chapters and 260 articles, detailing the issuance of Certificates of land use rights, property ownership rights, and individuals using land without documents on land use rights without violating land laws and not in cases where land was allocated without proper authority.

Specifically, the issuance of a Certificate of land use rights and ownership of assets attached to land for households and individuals who are using land stably without one of the types of documents on land use rights prescribed in Article 137 of the law, not falling under the cases prescribed in Articles 139 and 140 of this law.

Policy - Details of regulations on land without papers being granted red books — The National Assembly voted to pass the Land Law (amended).

Firstly, households and individuals who used land before December 18, 1980, and are now confirmed by the People's Committee of the commune where the land is located that there is no dispute, will be granted a Certificate of land use rights and ownership of assets attached to the land.

Second, households and individuals using land from December 18, 1980 to before October 15, 1993, and now have been confirmed by the People's Committee of the commune where the land is located that there is no dispute, will be granted a Certificate of land use rights and ownership of assets attached to the land.

Third, households and individuals using land from October 15, 1993 to before July 1, 2014, and now being confirmed by the People's Committee of the commune where the land is located as having no disputes, will be granted a Certificate of land use rights and ownership of assets attached to the land.

Fourth, in case a land plot is used jointly by many households or individuals, the residential land limit prescribed in Clauses 1, 2 and 3 of this Article shall be calculated by the total residential land limit of those households or individuals.

In case a household or individual uses many plots of land with houses, and is confirmed by the People's Committee of the commune where the land is located to have used the land stably since before October 15, 1993, the residential land limit is determined according to the regulations for each plot of land.

Fifth, households and individuals who are eligible for agricultural land allocation under the provisions of Clause 1, Article 118 of this Law and have used residential land or non-agricultural land before July 1, 2014 without the documents specified in Article 137 of this Law, have registered permanent residence in a locality in an area with difficult socio-economic conditions or an area with particularly difficult socio-economic conditions, and are now confirmed by the People's Committee of the commune where the land is located that there is no dispute shall be granted a Certificate of land use rights and ownership of assets attached to land and shall not have to pay land use fees. The land area determined when granting a Certificate of land use rights and ownership of assets attached to land shall be implemented in accordance with the provisions of Clauses 1, 2, 3 and 4 of this Article.

Policy - Details of regulations on land without papers being granted red books (Figure 2). — The revised Land Law stipulates that land of households and individuals without documents before July 1, 2014 and without land disputes will be granted red books.

Sixth, households and individuals who are stably using land for agricultural purposes and are now confirmed by the People's Committee of the commune where the land is located to have no disputes shall be granted a Certificate of land use rights and ownership of assets attached to the land in the form of the State allocating land without collecting land use fees for the area of land currently in use but not exceeding the limit on agricultural land allocation to individuals prescribed in Article 176 of this Law;

The land use term is calculated from the date of issuance of the Certificate of land use rights and ownership of assets attached to the land; the remaining agricultural land area (if any) must be converted to State land lease.

Seventh, the application of local regulations on residential land limits to determine residential land area in the cases specified in Clauses 1, 2, 3, 4 and 5 of this Article shall be implemented in accordance with the regulations at the time the land user submits the application for the Certificate of land use rights and ownership of assets attached to land.

Eighth, households and individuals using land in the cases specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article but not eligible for a Certificate of land use rights and ownership of assets attached to land may temporarily use the land in its current state until the State recovers the land and must declare and register the land according to regulations.

Ninth, the State is responsible for granting Certificates of land use rights and ownership of assets attached to land to cases that have registered and meet the conditions prescribed in this Article .

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