Submit to the National Assembly 2 options for granting red books for land without documents

On November 3, the National Assembly discussed in the hall the issues with many different opinions in the draft revised Land Law. The draft law consists of 16 chapters with 236 articles, expected to be approved by the National Assembly at the 6th session.

One of the new points of the draft revised Land Law that delegates were asked for opinions on this time is the regulation on granting land use right certificates to households and individuals who are using land without violating land laws and are not in cases of land allocation beyond authority.

This regulation aims to resolve cases where people are using land left by their grandparents but do not have documents and do not violate land laws.

Currently, the draft revised Land Law has two options for this content. Option 1 maintains the provisions as in the draft law submitted to the National Assembly at the 5th session regarding the time of granting certificates before July 1, 2014.

Accordingly, households and individuals using land from October 15, 1993 to before July 1, 2014 and confirmed by the People's Committee of the commune level that there is no dispute will have their land use rights recognized.

Option 2 amends the time of granting the certificate to the time of submitting the application for the certificate. Accordingly, households and individuals using land from October 15, 1993 to the time of submitting the application for the certificate, and are confirmed by the Commune People's Committee to have no disputes, will have their land use rights recognized.

According to the report of the National Assembly Standing Committee, the majority of opinions in the National Assembly Standing Committee agreed with option 1 and asked for the National Assembly's opinion on this content.

In addition to the issue of granting red books for land without documents, many other issues have not been unified in the draft Land Law (amended) that need to be consulted by the National Assembly, including regulations on land valuation methods.

Many families use land legally but have not been granted "red books"

Regarding the principle of granting "red books", delegate Nguyen Thi Hong Hanh (Ho Chi Minh City delegation) said that in reality, when implementing the mechanism of granting certificates to households, there are difficulties and inadequacies; especially when carrying out procedures such as transfer and inheritance, there are difficulties in proving household members at the time of granting "red books".

Therefore, the delegates agreed with the draft regulations. However, the delegates suggested that the law drafting committee consider stipulating that the determination of members who share the right to use the land of a household to be recorded on the "red book" is agreed upon by these members or they are responsible before the law.

“If we allow the registration of a representative, when a household member exercises the rights of a land user, it will continue to prove that the household member is causing difficulties for the State agency when handling administrative procedures as well as causing trouble for the people. Therefore, I propose to remove the regulation in Clause 5, Article 136,” said a delegate from Ho Chi Minh City.

Speaking at the meeting, delegate Vuong Thi Huong (Ha Giang delegation) pointed out the current reality in ethnic minority and mountainous areas, there are still many ethnic minority households who are legally using land but have not been granted a 'red book' due to difficult economic conditions and lack of money to pay for land measurement and establishment of land records to issue a 'red book'.

Therefore, localities face difficulties in land management. As for the people, when they have not been granted a "red book", they cannot use their rights as collateral or capital contribution.

Based on the above reality, the Ha Giang delegation proposed to add to the draft law a state policy to support the cost of surveying and preparing documents for issuing "red books". At the same time, there should be a policy to reduce land use fees appropriately so that people can have conditions to settle down, feel secure in production, and stabilize their lives.