Hope to remove difficulties in "red books" for people who buy and sell land without authority

New policy

Once facing the risk of not only not being granted a "red book" but also having all land areas allocated without proper authority after July 1, 2014 revoked despite having paid money, many Hai Duong residents now breathe a sigh of relief because the 2024 Land Law has expanded the subjects eligible for "red books" for land allocated without proper authority after that time.

Specifically, the 2013 Land Law stipulates that certificates of land use rights, house ownership rights and other assets attached to land will not be issued and all land areas allocated or leased without proper authority will be recovered from July 1, 2014 onwards.

Under the 2024 Land Law, land allocated without proper authority from July 1, 2014 to before January 1, 2025, as long as it does not violate land law regulations, is confirmed by the People's Committee of the commune where the land is located to have no disputes, is in accordance with land use planning, and the land user has documents proving that he has paid money to use the land, will be granted a certificate of land use rights.

Thus, many people who bought land that was illegally allocated after July 1, 2014 will be granted "red books" if they meet the conditions.

In Hong Khe commune (Binh Giang), from 2014 to 2017, taking advantage of land consolidation, field improvement, and new rural construction, the leaders of the three villages of Phu Da, Loi Tri, and An Dat arbitrarily sold public land to many households to raise funds to pay for the common work of the village. The leaders of the three villages illegally sold over 26,000 square meters of land to about 60 households, collecting billions of dong. Afterwards, the offending village and commune officials were prosecuted and detained pending trial. The plots of land that were illegally assigned to people have not yet been granted "red books".

Ms. Lai Thi Nam in An Dat village (born in 1966) bought a piece of land in the village in 2016 for 40 million VND, an area of ​​200 m2, according to the planning for residential land. In 2021, Ms. Nam laid the foundation to build a house but had to stop construction because she had to maintain the status quo of the land that was illegally assigned.

"We just hope to soon complete the procedures to get a red book according to the revised Land Law to build a house and stabilize our lives. Now I want to mortgage the land to borrow money from the bank but I can't," Ms. Nam shared.

Mrs. Nam and her husband are still living in a hot, corrugated iron house on a nearby farm, even though they have land and money but are not allowed to build a house. Hearing that a new law that took effect on August 1st, expanding the provision for granting "red books" to land that was illegally allocated after July 1st, 2014, Mrs. Nam and her husband were very happy.

This is also the excited mood of many people who have been assigned land without authority in Hai Duong since 2014. However, some households whose land does not comply with the planning, and is not residential land, will not be granted a "red book".

Expect the law to come into effect soon

According to Mr. Nguyen Van Tieu, Director of the Land Registration Office of Hai Duong province, the Land Law (amended) expands and supplements regulations on granting "red books" for land beyond authority from July 1, 2014 onwards until before January 1, 2025, helping to ensure the legitimate rights of the people.

"This new regulation will help remove difficulties for many cases of land purchase and land allocation without authority in Hai Duong province to protect the interests of people who have spent money to buy land in previous stages but do not have land use right certificates," Mr. Tieu assessed.

Along with specific regulations on each time frame for granting "red books" for land allocated without authority, the Land Law (amended) also no longer stipulates conditions for land plots with construction works for production, trade, services...

Currently, in Hai Duong province, there are thousands of cases of unauthorized land allocation without being granted "red books". Hai Duong city has about 1,340 cases of unauthorized land allocation, the commune with the most cases has nearly 200 cases. In Ninh Giang district, dozens of officials who illegally allocated land from previous periods are being considered for disciplinary action. During meetings with voters in Thanh Mien district and many other localities, many people were upset about buying land from villages and communes but not having "red books".

In Tu Ky district, the area along Provincial Road 391 also has many cases of illegal land trading. In Tai Son commune alone, there are nearly 100 households buying and selling land without authority and have not been granted "red books". There are 42 households along Provincial Road 391.

Mr. Pham Duc Nhan in Trung Son village, Tai Son commune (born in 1947) has lived here since 1984. Up to now, the 3-storey house of over 100 m2 has been built spaciously, has been the place where the whole family has lived for a long time but the land has not been granted a "red book".

"We are willing to pay more money according to regulations, just hoping to have a red book to give peace of mind to our children and grandchildren, but I am 77 years old this year, I don't know if I can wait until that day. I have petitioned many places and at many levels, but the issuance of "red books" is still confusing, so I really hope that the 2024 Land Law will solve the problem, benefiting the people," Mr. Nhan shared.

Mr. Nhan's mood is also the hope and expectation for the new regulation of people in the same situation who bought land without a "red book" in communes and villages in previous stages.

According to the representative of the Department of Natural Resources and Environment of Tu Ky district, in order for the 2024 Land Law to soon come into effect, the Central Government and the province should soon have detailed instructions for implementation at the grassroots level, putting the new provisions of the law into practice and meeting the expectations of the people, especially in cases of unauthorized land purchase.