Consider granting "red books" to households and individuals using land without documents

Continuing the 5th extraordinary session, on the morning of January 15, the National Assembly discussed in the hall a number of new contents or different opinions of the draft Land Law (amended). Chairman of the Economic Committee Vu Hong Thanh presented a report on Explanation, acceptance and revision of the draft Land Law (amended).

One of the notable contents in the report is the granting of certificates of land use rights and ownership of assets attached to land for households 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.

Mr. Vu Hong Thanh said the draft Law is revised in the direction of regulating the consideration and recognition of land use rights for households and individuals using land before July 1, 2014.

Real Estate - Consider issuing 'red books' to households and individuals using land without documents — Chairman of the Economic Committee Vu Hong Thanh.

Specifically, according to the draft Land Law (amended), households and individuals using land before December 18, 1980, and 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.

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

Accordingly, for land plots with houses, houses and works serving life, if the land plot area is equal to or larger than the residential land recognition limit according to regulations, the residential land area recognized is equal to the residential land recognition limit and no land use fee is required.

In case the land area for construction of houses, houses and works serving life is larger than the land recognition limit prescribed in this point, the residential land area shall be recognized according to the actual area for construction of houses, houses and works serving life. Land users must pay land use fees for the area exceeding the land recognition limit prescribed in this point.

For land plots with houses, houses and works serving life, if the land plot area is smaller than the prescribed land recognition limit, the residential land area is determined to be the entire area of that land plot and no land use fee is required.

In case the current land use status is agricultural land, it will be recognized in the form of the State allocating land without collecting land use fees. If the land user needs to recognize the land for non-agricultural purposes that are consistent with the district-level land use planning or urban planning or construction planning or rural planning, it will be recognized for that purpose and must pay land use fees according to the provisions of law.

Real estate - Consider issuing 'red books' to households and individuals using land without documents (Figure 2). — Consider recognizing land use rights for households and individuals using land before July 1, 2014.

For households and individuals using land from October 15, 1993 to before July 1, 2014, and now confirmed by the People's Committee of the commune where the land is located that there is no dispute, the area will be granted a Certificate of land use rights and ownership of assets attached to the land. Specifically, for land plots with houses, houses and works serving life, where the area of the land plot is equal to or larger than the residential land allocation limit, the residential land area recognized is equal to the residential land allocation limit.

In case the land area for construction of houses, housing and works serving life is larger than the land allocation limit, the residential land area shall be recognized according to the actual area for construction of houses, housing and works serving life.

Regarding annual land rent payment (Clause 3, Article 153), Mr. Vu Hong Thanh stated that to ensure flexibility, meet the requirements of Vietnam's socio-economic development in each period, in accordance with the characteristics of the economy and the budget collection needs of each development period of the country, the draft Law is amended in the direction of:

Annual land rent is applied stably for a 5-year cycle from the time the State decides to lease land, allowing the change of land use purpose associated with the change to the form of State land lease with annual land rent payment.

The land rent for the next period is calculated based on the land price list of the year in which the next land rent is determined. In case the land rent increases compared to the previous period, the land rent payable will be adjusted but not exceeding the rate prescribed by the Government for each period. The adjustment rate prescribed by the Government for each period shall not exceed the total annual consumer price index (CPI) of the whole country in the previous 5-year period.

Regarding the Land Law (amended), after being received and revised, the latest draft of the revised Land Law consists of 16 chapters, 260 articles, omitting 5 articles, amending and supplementing 250 articles compared to the draft submitted to the National Assembly at the 6th session. Based on discussion opinions and through review, the agencies have agreed to revise and complete 18 contents on major issues and are eligible to be submitted to the National Assembly for consideration and approval at the extraordinary session .

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