Certificate of land use rights, house ownership rights and other assets attached to land (red book) is an important legal document to ensure that land users have full rights such as transfer, donation, and compensation.
However, not everyone knows what rights land users without red books will have.
Compensation even though the land meets the conditions but has not been granted a red book
Point a, Clause 1 and Clause 2, Article 95 of the 2024 Land Law stipulates that households and individuals using land other than leased land with annual land rent payment, when the State reclaims land for national defense and security purposes; socio-economic development for national and public interests, will be compensated for land if they meet one of the following conditions:
- Have certificate.
- There is a decision on land allocation or land lease or decision on permission to change land use purpose from a competent authority.
- Have one of the documents on land use rights to issue a certificate. Receive transfer of land use rights according to legal regulations but have not completed land registration procedures.
- Use land under mortgage contract to settle debt; document recognizing auction results that have fulfilled financial obligations.
Thus, even if the land user has not been granted a certificate but meets the conditions for being granted one and has one of the above documents, he/she will still be compensated for the land if it is not leased land with annual land rent payment.
Agricultural land not eligible for red book is still compensated
Although not eligible for a red book, households and individuals directly engaged in agricultural production are still compensated for land, provided that the agricultural land was used before July 1, 2004. Clause 3, Article 98 of the 2024 Land Law stipulates that compensation is carried out in accordance with Government regulations.
Agricultural land that does not meet the conditions for a red book will still be compensated, provided that it was used before July 1, 2004 (Photo: IT).
Compensation for property attached to land
Clause 3, Article 91 of the 2024 Land Law stipulates the principle of compensation for property damage when the State reclaims land. Accordingly, property owners who suffer property damage as prescribed by civil law shall be compensated for the damage; Owners of production and business establishments that must stop production and business due to land reclamation by the State shall be considered for support.
Thus, even without a certificate, the legal owner of the property attached to the land is still compensated if there is damage caused by land acquisition.
Exercising land user rights
Clause 1, Article 45 of the 2024 Land Law stipulates that land users are allowed to exercise the rights to convert, transfer, lease, sublease, inherit, donate, mortgage land use rights; and contribute capital using land use rights when the following conditions are met:
- Have a land use right certificate or a house ownership certificate and land use right certificate or a land use right certificate, house ownership and other assets attached to land or a land use right certificate, assets attached to land, except for cases of inheritance of land use rights, conversion of agricultural land when consolidating land, exchanging plots, donating land use rights to the State, residential communities and cases specified in Clause 7, Article 124 and Point a, Clause 4, Article 127 of the 2024 Land Law.
- Land has no dispute or the dispute has been resolved by a competent State agency, a court judgment, decision, arbitration decision or award that has come into legal effect.
- Land use rights are not subject to seizure or other measures to ensure enforcement of judgments according to the provisions of the law on civil judgment enforcement.
- During the land use period.
- Land use rights are not subject to temporary emergency measures as prescribed by law.
Thus, there are 2 cases of land use rights being transferred or donated even though there is no certificate.
The first is when inheriting land use rights, converting agricultural land when consolidating land, exchanging plots, or donating land use rights to the State or the community.
Second, households and individuals who have not been granted a certificate but are eligible for a certificate are allowed to transfer land use rights, lease, sublease land use rights, and contribute capital using land use rights to implement projects.
Building permit granted
Article 3 of Decree 53/2017 stipulates that land without a certificate but having one of the legal land documents as prescribed is still granted a construction permit.
Temporarily used until land is reclaimed
Clause 8, Article 138 of the 2024 Land Law stipulates that households and individuals using land in the cases specified in Clauses 1, 2, 3, 4, 5 and 6, Article 138 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 reclaims the land and must declare and register the land according to regulations.
Thus, a person who is using land stably without any of the documents on land use rights, is not in violation of land law and is not in the case of land allocation without proper authority, even though he/she is not eligible for a certificate, still has the right to temporarily use the land in its current state until the State reclaims the land.
Source: https://dantri.com.vn/bat-dong-san/dat-khong-co-so-do-duoc-huong-nhung-quyen-loi-gi-20241008163618314.htm
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