Regulations on granting red books in cases where land plots have an area smaller than the minimum area

Reply:

Article 146 of the 2024 Land Law stipulates the granting of Certificates of land use rights and ownership of assets attached to land in cases where the land plot has an area smaller than the minimum area, as follows:

1. The land plot in use was formed before the effective date of the document of the Provincial People's Committee on the minimum area for land division, and the land plot area is smaller than the minimum area prescribed by the Provincial People's Committee but meets the conditions for granting a Certificate of land use rights and ownership of assets attached to the land, then the person using the land shall be granted a Certificate of land use rights and ownership of assets attached to the land.

2. The Certificate of land use rights and ownership of assets attached to land shall not be granted in cases of self-division or separation of registered land plots, which have been granted a Certificate of land use rights or a Certificate of house ownership and land use rights or a Certificate of land use rights, house ownership and other assets attached to land or a Certificate of land use rights, ownership of assets attached to land into 02 or more land plots, of which at least 01 land plot has an area smaller than the minimum area for separation as prescribed in Article 220 of this Law.

3. In case a land plot has been granted a Certificate of land use rights or a Certificate of house ownership rights and land use rights or a Certificate of land use rights, house ownership rights and other assets attached to land or a Certificate of land use rights, ownership rights of assets attached to land, and the land user has a need to separate or consolidate the plots if he/she satisfies the conditions prescribed in Article 220 of this Law, he/she shall be granted a Certificate of land use rights, ownership rights of assets attached to land for each land plot after separation or consolidation.