Consider granting red books to households and individuals using land without papers.

The Ministry of Natural Resources and Environment has sent out the latest draft for comments on the Land Law (amended).

The notable content is about granting certificates (red books) to households and individuals using land without documents on land use rights without violating land laws and not falling into cases of land allocation beyond authority.

Accordingly, the draft said the Government agreed with the plan designed in the draft law sent to the Government by the National Assembly Standing Committee.

Specifically, regulations on the time of recognizing land use rights for households and individuals who are using land, do not have documents on land use rights, do not violate land laws, and are not in cases of land allocation beyond authority before July 1, 2014.

The latest draft of the revised Land Law clearly states that households and individuals using land from October 15, 1993 to before July 1, 2014, and now confirmed by the People's Committee at the commune level as having no disputes, will have their land use rights recognized.

Specifically, in the case of a land plot with a house whose area is equal to or larger than the residential land allocation limit prescribed by this law, the residential land area recognized is equal to the residential land allocation limit.

In case the land area for building houses and other works serving life is larger than the land allocation limit, the residential land area shall be recognized according to the actual area of ​​construction of houses and other works serving life.

For land plots with houses whose area is less than or equal to the land allocation limit prescribed by this law, the entire area of ​​the land plot is recognized as residential land.

For land plots used for non-agricultural production, business, trade and service purposes, land for non-agricultural production and business is recognized.

For the remaining land area after being determined according to regulations, it is determined according to the current status of use, specifically as follows:

In case the current land use status is non-agricultural land and not residential land, it will be recognized according to regulations.

In case the current land use status is agricultural land, it will be recognized in the form of the State allocating land without collecting land use fees.

If land users need to recognize non-agricultural land purposes that are consistent with district-level land use planning or urban planning or construction planning or rural planning, they will be recognized for that purpose and must pay land use fees according to the provisions of law.

Land users granted certificates must fulfill financial obligations according to the provisions of law.

Not intended to legitimize violations

Previously, in the explanatory report of the National Assembly Standing Committee, the regulation aimed to consider granting certificates to cases of using land that originated from ancestors. These are still common cases, especially in rural areas.

The condition for granting certificates in these cases is that they do not violate land laws and do not hand over land without authority as prescribed in the draft law.

Therefore, this policy is not intended to legalize violations of land laws.

In addition, the regulation regulates cases of land use without land use right documents and without violating land laws. Specifically, it does not include cases of land encroachment, land occupation, or arbitrary change of land use purpose.

During the implementation of the 2013 Land Law, it was found that cases of using land left by ancestors and building houses after July 1, 2004 did not violate land law, so there was no basis to determine that these cases used land for the wrong purpose or arbitrarily changed the land for the wrong purpose.

Regarding the extension of the deadline to July 1, 2014 (compared to the provisions of the 2013 Land Law, the deadline is July 1, 2004) is the content of receiving public opinions to resolve the issue of granting certificates to households living for a long time (before July 1, 2014, having houses, works serving household activities...) but not yet recognized land use rights.