Will land transferred without proper jurisdiction after 2014 be granted a new red book according to the new Land Law? Image for illustration purposes only.
Article 140, Section 4 of the amended Land Law states that land transferred to households and individuals without proper jurisdiction from July 1st, 2014 to December 31st, 2024 (the effective date of the 2024 Land Law – PV) that meets the following criteria will be granted a red book: Confirmed by the local government where the land is located as having no disputes; compliant with land use planning requirements; land users have submitted proof of payment for land use.
For cases that do not meet the above conditions, red books will not be granted, and the land may even be revoked according to the provisions in Section 3, Article 81 of the amended Land Law.
Meanwhile, Section 5 of the current Decree No. 43/2014/ND-CP stipulates that the State does not grant Certificates of Land Use Rights, ownership rights of houses and assets attached to land, and may revoke the entire area of land transferred or leased without proper jurisdiction since January 1st, 2014.
As a result, land transferred by commune governments after July 1st, 2014 will not be granted red books.
In addition, the amended Land Law also continues to provide regulations on granting red books for cases of land transfer without proper jurisdiction like the current provisions for cases where stable land use has been established before October 15th, 1993, and confirmed by the local government where the land is located as being without disputes.
For cases with stable land use from October 15th, 1993 to July 1st, 2004, which are confirmed by the local government where the land is located as being without disputes and compliant with district-level land use planning, urban planning, construction planning, and rural planning.
For cases with stable land use from July 1st, 2004 to July 1st, 2014, which are confirmed by the local government where the land is located as being without disputes and compliant with district-level land use planning, urban planning, construction planning, and rural planning.
In summary, land transferred by commune governments after July 1st, 2014 will be granted a red book starting from 2025 if it meets the specified conditions.
How is the area of land transferred by communes after 2014 and receiving red books determined?
The amended Land Law also specifies the area of recognized land use rights in cases of land transfer without proper jurisdiction from July 1st, 2014 to January 1st, 2025.
Accordingly, for land plots with residential buildings and buildings serving daily life with an area greater than or equal to the land transfer limit for residential use, the recognized residential land area will be equal to the land transfer limit for residential use.
In cases where the area of land with residential buildings and buildings serving daily life exceeds the land transfer limit for residential use, the recognized residential land area will be based on the actual area where the residential buildings and buildings serving daily life are constructed.
For land plots with residential buildings and buildings serving daily life with an area less than or equal to the land transfer limit for residential use, the entire land plot will be recognized as residential land.
For land plots used for non-agricultural production, business, commerce, and services, the recognized area for non-agricultural production and business will be based on the actual area where the related facilities are constructed; for the remaining area of land, the utilization status will be determined.
