Regulations on granting red books to households using land without documents
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Specifically, granting Certificates of land use rights, ownership of assets associated with land for cases of households, individuals using stable land without any documents on land use rights specified in Article 137 of this Law, not subject to cases specified in Article 139 (Handling cases of households, individuals using land having violated land law before July 1, 2014) and Article 140 (Granting Certificates of land use rights, ownership of assets associated with land for households, individuals using land assigned without proper authority) of this Law shall be implemented according to the following provisions:
1. Households, individuals using land before December 18, 1980, now confirmed by People’s Committees at communes with non-disputed land are granted Certificates of land use rights, ownership of assets associated with land as follows:
a) For land plots with residential houses, residential houses and facilities serving living activities, if the area of land plots is equal to or larger than the limit for recognizing residential land under the provisions in Clause 5 of Article 141 of this Law, the area of residential land shall be recognized based on the limit for recognizing residential land and no land use fee shall be paid.
| Clause 5 of Article 141 provides as follows: Provincial People’s Committees shall, on the basis of conditions, local customs, specifically prescribe the limit for recognizing residential land under the provisions in Clause 1 and Clause 2 of this Article for cases of land use before December 18, 1980 and from December 18, 1980 to October 15, 1993; |
In cases where the area of land has houses, residential houses and facilities serving living activities exceeding the limit for recognizing residential land specified in this point, the area of residential land shall be recognized based on the actual area of constructed houses, residential houses and facilities serving living activities; land users must pay land use fees for the area exceeding the limit for recognizing residential land at this point;
b) For land plots with residential houses, residential houses and facilities serving living activities, if the area of land plots is smaller than the limit for recognizing residential land specified in Clause 5 of Article 141 of this Law, the entire area of land plots shall be determined as residential land and no land use fee shall be paid;
c) For land plots used for non-agricultural production, non-agricultural business, commercial, and services purposes, non-agricultural production land, commercial land, and service land shall be recognized based on the actual area of land use; the form of land use shall be recognized as land allocation with land use fee collection, stable long-term land use shall be applied;
d) For the remaining area of land after being determined according to the provisions in points a and c of this Clause, it shall be determined according to the current land use situation.
In case the current land use situation is non-agricultural land and is not residential land, it shall be recognized according to the provisions in this point.
In case the current land use situation is agricultural land, it shall be recognized based on the form of land allocation without land use fee collection by the State; if the land user has a demand for recognition for non-agricultural purposes that is consistent with the district land use plan or the general plan or the subdivision plan or the construction plan or the rural planning, it shall be recognized for that purpose and must pay the land use fee as prescribed by law;
2. Households, individuals using land from December 18, 1980 to October 15, 1993, now confirmed by People’s Committees at communes with non-disputed land are granted Certificates of land use rights, ownership of assets associated with land as follows:
a) For land plots with residential houses, residential houses and facilities serving living activities, if the area of land plots is equal to or larger than the limit for recognizing residential land specified in Clause 5 of Article 141 of this Law, the area of residential land shall be recognized based on the limit for recognizing residential land and no land use fee shall be paid.
In cases where the area of land has houses, residential houses and facilities serving living activities exceeding the limit for recognizing residential land specified in this point, the area of residential land shall be recognized based on the actual area of constructed houses, residential houses and facilities serving living activities;
b) For land plots with residential houses, residential houses and facilities serving living activities, if the area of land plots is smaller than the limit for recognizing residential land specified in Clause 5 of Article 141 of this Law, the entire area of land plots shall be determined as residential land and no land use fee shall be paid;
c) For land plots used for non-agricultural production, non-agricultural business, commercial, and services purposes, non-agricultural production land, commercial land, and service land shall be recognized based on the provisions at point c, Clause 1 of this Article;
d) For the remaining area of land after being determined according to the provisions in points a and c of this Clause, it shall be determined according to the current land use situation.
In case the current land use situation is non-agricultural land and is not residential land, it shall be recognized according to the provisions in this point.
In case the current land use situation is agricultural land, it shall be recognized based on the form of land allocation without land use fee collection by the State; if the land user has a demand for recognition for non-agricultural purposes that is consistent with the district land use plan or the general plan or the subdivision plan or the construction plan or the rural planning, it shall be recognized for that purpose and must pay the land use fee as prescribed by law;
3. Households, individuals using land from October 15, 1993 to July 1, 2014, now confirmed by People’s Committees at communes with non-disputed land are granted Certificates of land use rights, ownership of assets associated with land as follows:
a) For land plots with residential houses, residential houses and facilities serving living activities, if the area of land plots is equal to or larger than the limit for residential land allocation specified in Clause 2 of Article 195 and Clause 2 of Article 196 of this Law, the area of residential land shall be recognized based on the limit for residential land allocation; In case the area of land with constructed residential houses, residential houses and facilities serving living activities exceeds the limit for residential land allocation, the area of residential land shall be recognized based on the actual area of constructed residential houses, residential houses and facilities serving living activities;
b) For land plots with residential houses, residential houses and facilities serving living activities, if the area of land plots is smaller than the limit for residential land allocation specified in Clause 2 of Article 195 and Clause 2 of Article 196 of this Law, the entire area of land plots shall be determined as residential land;
c) For land plots used for non-agricultural production, non-agricultural business, commercial, and services purposes, non-agricultural production land, commercial land, and service land shall be recognized based on the provisions at point c, Clause 1 of this Article;
d) For the remaining area of land after being determined according to the provisions in points a and c of this Clause, it shall be determined according to the current land use situation.
In case the current land use situation is non-agricultural land and is not residential land, it shall be recognized according to the provisions in this point.
In case the current land use situation is agricultural land, it shall be recognized based on the form of land allocation without land use fee collection by the State; if the land user has a demand for recognition for non-agricultural purposes that is consistent with the district land use plan or the general plan or the subdivision plan or the construction plan or the rural planning, it shall be recognized for that purpose and must pay the land use fee as prescribed by law;
d) Land users granted Certificates of land use rights, ownership of assets associated with land according to the provisions in this Clause shall perform financial obligations as prescribed by law;
4. In case a land plot is used by multiple households, individuals, the limit for residential land specified in points 1, 2, and 3 of this Article shall be calculated as the total limit for residential land of those households, individuals.
In case a household, individual uses multiple land plots with residential houses, residential houses and facilities serving living activities that have been stably used since before October 15, 1993, the limit for residential land shall be determined according to the provisions in points 1, 2, and 3 of this Article for each land plot;
5. Households, individuals eligible for agricultural land allocation specified in Clause 1 of Article 118 of this Law with stable use of residential land, non-agricultural land before July 1, 2014 without documents specified in Article 137 of this Law, registered permanent residence in areas of difficult socio-economic conditions, areas of particularly difficult socio-economic conditions, now confirmed by People’s Committees at communes with non-disputed land are granted Certificates of land use rights, ownership of assets associated with land without paying land use fees. The area of land shall be determined when granting Certificates of land use rights, ownership of assets associated with land according to the provisions in points 1, 2, 3, and 4 of this Article;
6. Households, individuals using stable land for agricultural purposes, now confirmed by People’s Committees at communes with non-disputed land are granted Certificates of land use rights, ownership of assets associated with land in the form of land allocation without land use fee collection by the State for the area of land currently used but not exceeding the limit for agricultural land allocation for individuals specified in Article 176 of this Law; the land use term shall be counted from the date of granting Certificates of land use rights, ownership of assets associated with land; the remaining agricultural land (if any) must be changed to land rental by the State;
7. The application of provisions on residential land limits of localities to determine the residential land area in cases specified in points 1, 2, 3, 4, and 5 of this Article shall comply with applicable laws at the time the land user submits the application for granting Certificates of land use rights, ownership of assets associated with land;
8. Households, individuals currently using land in cases specified in points 1, 2, 3, 4, 5, and 6 of this Article but not meeting the conditions for granting Certificates of land use rights, ownership of assets associated with land shall temporarily use land according to the current situation until the State recovers the land and must declare land according to prescribed provisions;
9. The State has the responsibility to grant Certificates of land use rights, ownership of assets associated with land to cases that have been registered and meet the conditions according to the provisions in this Article;
10. The Government shall detail this Article.
