Cases where red books are not granted
Article 151 of the 2024 Land Law stipulates cases where a Certificate of land use rights and ownership of assets attached to land is not granted.
Specifically, Clause 1, Article 151 of this Law stipulates that land users are not granted Certificates of land use rights and ownership of assets attached to land in the following cases:
First, agricultural land used for public purposes.
Second, land allocated for management in the cases specified in Article 7 of this Law, except for land allocated for shared use with land allocated for management, shall be granted a Certificate of land use rights and ownership of assets attached to land for the land area used according to the land allocation or land lease decision of a competent state agency.
Land leased or subleased from land users, except for land leased or subleased from investors building and trading infrastructure, in accordance with investment projects approved by competent authorities, is also included in this category.
Third, contracted land, except for cases where land use rights are recognized for agricultural and forestry land users whose origin is land allocated, contracted, outright contracted, leased, or borrowed from agricultural and forestry farms before February 1, 2015 in the form of the State allocating land without collecting land use fees...
Fourth, land has been subject to a land recovery decision by a competent state agency, except in cases where it has been more than 03 years since the date of the land recovery decision but the decision has not been implemented.
Fifth, the land is in dispute, is being seized, or other measures are being applied to ensure enforcement of judgments according to the provisions of the law on civil judgment enforcement; the land use rights are being subject to temporary emergency measures according to the provisions of the law.
Sixth, organizations are allocated land by the State without collecting land use fees for public purposes not for business purposes.
A land under construction (Photo: Tran Khang).
Regulations on properties attached to land that are not granted red books
Article 2, Clause 151 of the 2024 Land Law stipulates that assets attached to land shall not be granted a Certificate of land use rights and ownership of assets attached to land in the following cases:
Firstly, the property attached to the land where the land plot has such property in the case of not being granted a Certificate of land use rights and ownership of property attached to land as prescribed in Clause 1 of this Article or not meeting the conditions for granting a Certificate of land use rights and ownership of property attached to land;
Second, houses or construction works built temporarily during the construction of the main work or temporarily built with materials such as thatch, bamboo, rattan, leaves, soil; auxiliary works located outside the scope of the main work and to serve the management, use, and operation of the main work;
Third, assets attached to land for which there has been a notice or decision on clearance or a decision on land recovery by a competent state agency, except in cases where it has been more than 03 years since the date of such notice or decision but no implementation has been made;
Fourth, houses and constructions built after the time of construction ban announcement; construction encroaching on or occupying the protective boundary markers of technical infrastructure works and classified historical and cultural relics; assets attached to land created after the time the planning was approved by a competent authority and the assets created are not in accordance with the planning approved at the time of granting the Certificate of land use rights and ownership of assets attached to land, except in cases where the owner of a house or construction work that is not a house as prescribed in Articles 148 and 149 of this Law has a construction permit with a term in accordance with the provisions of the law on construction;
Fifth, assets owned by the State, except for assets that have been identified as State capital contributed to enterprises according to the guidance of the Ministry of Finance;
Sixth, assets attached to land not falling under the cases specified in Articles 148 and 149 of this Law.
Specifically, Article 148 stipulates 6 cases in which certificates of land use rights and ownership of assets attached to land are granted for housing assets.
Article 149 stipulates 5 cases in which a Certificate of land use rights and ownership of assets attached to land is granted for assets that are non-residential constructions.
Source: https://dantri.com.vn/bat-dong-san/nhung-truong-hop-khong-duoc-cap-so-do-theo-luat-dat-dai-2024-20240627080126428.htm
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