Some new points on granting red books according to the 2024 Land Law

Lawyer Pham Thi Bich Hao - Director of Duc An Law Company Limited discussed with reporters of Kinh te & Do thi Newspaper about new points on granting red books according to the 2024 Land Law.

Firstly, red books are issued to households, individuals, and residential communities that are using land with documents on land use rights.

Households and individuals who are using land stably and have one of the following documents established before October 15, 1993 will be granted a red book and do not have to pay land use fees such as documents on land use rights issued by competent authorities in the process of implementing the State's land policy, one of the documents on land use rights issued by competent authorities under the old regime to land users including Land use right certificates, sale documents, certified house purchase and sale documents, temporary red books or names in the land registration book, cadastral book, inventory book, land construction book established before December 18, 1980, households using land with documents from state-owned agricultural and forestry farms on land allocation for housing or housing combined with agricultural and forestry production, households, individuals, and communities are allowed to use land according to a court judgment or decision, households using land with one of the above documents That document records another person's name and is accompanied by documents on land use rights transfer, but before the effective date of this Law, the land use rights transfer procedures have not been carried out.

Second, grant red books to households and individuals who are using land without documents on land use rights without violating land laws and not in cases where land is allocated without proper authority.

Specifically, there are 3 cases where individual households 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, they will be granted a red book. Individual households used land from December 18, 1980 to before October 15, 1993 and are confirmed by the People's Committee of the commune that there is no dispute, they will be granted a red book.

Households using land from October 15, 1993 to before July 1, 2014, now confirmed by the People's Committee of the commune where the land is located that there is no dispute, will be granted a red book. For land plots with houses and constructions, if the area of ​​the land plot is equal to or larger than the residential land allocation limit, the residential land area recognized as equal to the residential land allocation limit, the land user granted must fulfill financial obligations.

Households that are using land stably for agricultural purposes and are now confirmed by the People's Committee of the commune where the land is located to have no disputes will be granted a red book 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 for agricultural land allocation to individuals. Households that are using land but do not meet the conditions for being granted a red book will be allowed to temporarily use the land in its current state until the State reclaims the land and must declare and register the land.

Third, for cases where households and individuals use land in violation of land laws before July 1, 2014.

In case of land use due to encroachment on the safety corridor of public works after the State has announced the installation of safety corridor markers or encroachment on land used for the purpose of building agency headquarters, public works, and other public works, the State shall reclaim it.

In case an individual household is using land due to encroachment that does not fall into the above cases, if the land use is stable and in accordance with the district-level land use planning or general planning or zoning planning or construction planning or rural planning, it will be considered for issuance of a red book and must fulfill financial obligations.

In cases not covered by the above provisions, the land user may temporarily use the land until the State reclaims the land, but must maintain the current land use status and must declare and register the land.

Households and individuals using agricultural land that they have reclaimed themselves and are not in dispute will be granted red books by the State according to the agricultural land allocation limit. In case households and individuals using land violate land laws from July 1, 2014 onwards, the State will not grant red books.

Fourth, granting red books to households and individuals who are using land allocated without proper authority.

Land allocated to households and individuals without proper authority according to the provisions of the law on land at the time of allocation or land use due to purchase, liquidation, valuation, distribution of houses and construction works attached to land not in accordance with the provisions of law, the issuance of red books shall be carried out as follows:

In case the land has been used stably before October 15, 1993, and is now confirmed by the People's Committee of the commune that there is no dispute, the land user will be granted a red book. In case the land has been used stably from October 15, 1993 to before July 1, 2004, and is now confirmed by the People's Committee of the commune where the land is located that there is no dispute, in accordance with the district-level land use planning or general planning or zoning planning, the land user will be granted a red book. In case the land has been used stably from July 1, 2004 to before July 1, 2014, and is now confirmed by the People's Committee of the commune where the land is located that there is no dispute, in accordance with the district-level land use planning or general planning, the land user will be granted a red book as follows for land plots with houses, houses and works serving life according to the land allocation limit, the remaining area is recognized according to the current status.

Land allocated from July 1, 2014 to before the effective date of this Law is now confirmed by the People's Committee of the commune level to be free of disputes, in accordance with planning, and the land user has documents proving that he has paid money to use the land, the limit is determined according to the limit of land allocated for residential use. The State does not issue red books for land that has been allocated for lease without proper authority from July 1, 2014 onwards, except for the cases specified in Clause 4, Article 140. Land users who are granted red books must fulfill their financial obligations.

Source: https://kinhtedothi.vn/mot-so-diem-moi-ve-cap-so-do-theo-luat-dat-dai-2024.html