5 more types of land, despite problems, will still be granted red books from March 3
According to Decree 01/2017/ND-CP, households and individuals using land that violated land laws before July 1, 2014 and have settled stably on that area will still be granted a red book.
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Decree 01/2017/ND-CP, effective from March 3, allows the granting of certificates of land use rights, house ownership rights and assets attached to land to be expanded to the following 5 cases:
1. Households and individuals using land in violation of land law before July 1, 2014, and are using land stably in the following cases.
- Using land to encroach on and occupy the safety corridor of public works, which is no longer part of the safety corridor of public works, nor part of the road construction boundary, and is not intended for use as headquarters of agencies, public works and other public works.
- Currently using encroached or occupied land that is part of the planning to be recovered by the Provincial People's Committee, but is being considered for assignment by the Forest Management Board, or has been encroached or occupied and is now being used for agricultural production or housing purposes and is not part of the forest protection and development planning.
- Encroaching on unused land or arbitrarily changing the land use purpose in cases requiring permission without permission from competent authorities but having had a house and stable land use before October 15, 1993.
2. Land allocation without proper authority
If the applicant requests a certificate of land use rights, house ownership rights and other assets attached to land for a land plot that was 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 will be considered for issuance and the financial obligations must be fulfilled.
3. For land area increased compared to the Land Use Rights Document for households and individuals currently using the land
The land registration office must confirm the application for re-issuance or exchange of land use right certificates, house ownership rights and other assets attached to land for the increased land area and send cadastral information to the tax authority, submit for issuance of certificates, update and correct cadastral records and land databases for the entire area of the land plot in use, hand over the certificate to the grantee or send it to the People's Committee of the commune for handover in case of submitting the application to the People's Committee of the commune.
4. For land for construction of urban areas, rural residential areas, and production and business areas with many different land use purposes
If the apartment building is combined with an office, service or commercial facility, if the investor has the need and meets the conditions, a certificate of land use rights, house ownership rights and other assets attached to the land will be granted to one or more apartments, offices, service or commercial facilities owned by the investor.
5. For cases where land use rights have been transferred but not yet transferred
In case of using land belonging to the following groups: land transferred or donated before January 1, 2008, land transferred or donated from January 1, 2008 to before July 1, 2014 with land use right papers or inherited land with land use right before July 1, 2014. The receiving agency is not allowed to request the land use right transferee to submit the contract or land use right transfer document.
According to VNE
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