Illegally expanded land can still be granted red books

The Government has just issued Decree 01/2017/ND-CP amending and supplementing a number of decrees detailing the implementation of the Land Law.

One of the notable contents of this decree is that the State will still consider granting land use right certificates to individuals and organizations for the additional land area due to violations, after handling according to regulations.

In case the land user does not violate the land law, the consideration and issuance of land use right certificate will be carried out.

This Decree amends and supplements a number of articles of Decree No. 43/2014/ND-CP dated May 15, 2014 detailing the implementation of a number of articles of the Land Law, Decree No. 44/2014/ND-CP dated May 15, 2014 regulating land prices and Decree No. 47/2014/ND-CP dated May 15, 2014 regulating compensation, support and resettlement when the State recovers land.

Specifically, compared with Decree No. 43/2014/ND-CP, Decree 01/2017/ND-CP supplements regulations on granting certificates of land use rights, house ownership rights and other assets attached to land for land areas increased compared to land use rights documents for households and individuals currently using land.

Accordingly, in case of re-measurement, the actual land plot area is larger than the area recorded on the granted certificate or documents on land use rights as prescribed in Article 100 of the Land Law, Article 18 of this Decree and the actual land plot boundary has changed compared to the land plot boundary at the time of issuance of the certificate or documents on land use rights, then consider granting a certificate of land use rights, house ownership rights and other assets attached to land for the increased land area.

In case the land area increases due to the transfer, inheritance, or donation of land use rights that already have a certificate, the procedures for transfer, inheritance, or donation of the increased land area shall be carried out according to the provisions of Article 79, Clause 2, Article 82, and the procedures for issuing a replacement certificate for the original land plot (the land plot without the increased land area) shall be carried out according to the provisions of Article 76 of this Decree if the original land plot already has a certificate of land use rights without requiring the land user to carry out land plot consolidation procedures.

In particular, the decree clearly states that in case the additional land area does not have documents on land use rights as prescribed in Article 100 of the Land Law and Article 18 of this Decree, the following shall be implemented:

- In case the land user does not violate the law on land, the consideration, handling and granting of certificates of land use rights, house ownership rights and other assets attached to land for the increased land area shall be implemented according to the provisions of Article 20 of this Decree.

- In case the land area increases due to the land user's violation of land laws before July 1, 2014, consideration and handling and issuance of certificates of land use rights, house ownership rights and other assets attached to land for the increased land area shall be implemented in accordance with the provisions of Article 22 of this Decree.

- In case the land area increases due to the land user being assigned without authority before July 1, 2014, the consideration, handling and granting of certificates of land use rights, house ownership rights and other assets attached to land for the increased land area shall be implemented according to the provisions of Article 23 of this Decree.

According to Clause 6, Article 23, in case the person applying for a certificate of land use rights, house ownership rights and other assets attached to land for a land plot allocated without proper authority before July 1, 2004, the land is not in dispute, is in accordance with the planning, but at the time of granting the certificate there is or is not a house, the certificate shall be considered for granting and the financial obligations must be fulfilled as prescribed.

According to Bao Anh/vneconomy