Regulations on granting red books to households using land allocated without proper authority

Reply:

According to Article 140 of the 2024 Land Law, regulations on granting Certificates of land use rights and ownership of assets attached to land to households and individuals using land allocated without proper authority are as follows:

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 Certificate of land use rights and ownership of assets attached to land shall be carried out as follows:

1. In case the land has been used stably before October 15, 1993, and is now confirmed by the People's Committee of the commune where the land is located that there is no dispute, the person using the land shall be granted a Certificate of land use rights and ownership of assets attached to the land for the land area that has been allocated according to the provisions of Clause 2 and Clause 6, Article 138 of this Law;

2. 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 to have no disputes and to be in accordance with the district-level land use planning or general planning or zoning planning or construction planning or rural planning, a Certificate of land use rights and ownership of assets attached to the land shall be granted in accordance with the provisions of Clause 3 and Clause 6, Article 138 of this Law;

3. 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 to have no disputes, and is in accordance with the district-level land use planning or general planning or zoning planning or construction planning or rural planning, a Certificate of land use rights and ownership of assets attached to the land shall be granted as follows:

a) For land plots with houses, houses and works serving life, if the land plot area is equal to or larger than the residential land allocation limit prescribed in Clause 2, Article 195 and Clause 2, Article 196 of this Law, the residential land area for which a Certificate of land use rights and ownership of assets attached to land is granted shall be equal to the residential land allocation limit;

b) For land plots with houses, houses and works serving life, if the land plot area is smaller than the land allocation limit prescribed in Clause 2, Article 195 and Clause 2, Article 196 of this Law, the residential land area is determined to be the entire area of ​​that land plot;

c) The remaining area (if any) after determining the residential land area according to the provisions at Point a of this Clause shall be recognized according to the current land use status;

4. In case the land was allocated from July 1, 2014 to before the effective date of this Law, and is now confirmed by the People's Committee of the commune where the land is located to be free of disputes, in accordance with the land use planning, and the land user has documents proving that he/she has paid money to use the land, the land limit for granting a Certificate of land use rights and ownership of assets attached to the land shall be determined according to the provisions of Clause 3, Article 138 of this Law;

5. The State shall not issue Certificates of land use rights and ownership of assets attached to land for land allocated or leased without proper authority from July 1, 2014 onwards, except for the cases specified in Clause 4 of this Article;

6. Land users who are granted Certificates of land use rights and ownership of assets attached to land as prescribed in Clauses 1, 2, 3 and 4 of this Article must fulfill financial obligations as prescribed by law;

7. The Government shall detail this Article.