Mr. Nguyen Hai Minh from Bac Ninh province raised a question regarding the procedure for obtaining a land-use right certificate. He mentioned that he is currently in the process of applying for the certificate.
However, the commune’s land administration office responded that the land occupied by Mr. Minh’s family has an agricultural land origin. They informed him that to convert it into residential land, he would need to seek approval from the Provincial People’s Committee for land-use purpose conversion.
Mr. Minh enquired if this guidance from the land administration office is accurate and requested a reference to the relevant legal provisions. In his opinion, as long as the land is being used stably and there are no documents, a certificate should still be granted.
Regarding this issue, the Ministry of Natural Resources and Environment responded that due to the lack of sufficient information and documents, they are unable to provide a specific answer to Mr. Minh’s query. However, they cited relevant regulations for citizens’ reference in such cases.
Various types of land without paperwork are eligible for a red book. Illustration: Hong Khanh |
Specifically, regarding the issuance of land-use right certificates for households and individuals who are using land without legal documents but not violating land laws and not falling under the category of land allocated by unauthorized entities, Mr. Minh can refer to the provisions of Clause 1, Article 26, Articles 135, 136, and 138 of the 2024 Land Law, as well as the procedures and dossiers specified in Articles 28 and 36 of the Government’s Decree No. 101/2024/ND-CP on basic land investigation, registration, and issuance of land-use right certificates.
Five types of land without paperwork eligible for a red book
Article 138 of the 2024 Land Law stipulates the conditions for granting land-use right certificates to households and individuals who are using land without legal documents but not violating land laws and not falling under the category of land allocated by unauthorized entities.
There are five types of land without paperwork that qualify for a red book. The first three cases apply to households and individuals who have been using the land since before December 18, 1980; from December 18, 1980, to before October 15, 1993; and from October 15, 1993, to before July 1, 2014, respectively. The condition is that the land must be confirmed by the People’s Committee of the commune as free from disputes, along with specific regulations regarding area and land-use purposes.
The fourth case applies to households and individuals who were allocated agricultural land but have been using it for residential or non-agricultural purposes before July 1, 2014, without legal documents. This provision is applicable only to land users who are permanent residents in socio-economically disadvantaged or extremely disadvantaged areas, as confirmed by the People’s Committee of the commune, and there must be no land disputes.
The fifth case involves households that have been stably using land for agricultural purposes, confirmed by the People’s Committee of the commune as free from disputes. They are eligible for a red book through the form of non-paid land allocation by the State. Any area exceeding the limit must be rented from the State.
For households and individuals using land without paperwork who do not meet the above conditions for a red book, they are allowed to temporarily use the land in its current state until the State retrieves it.
The law stipulates that the State has the responsibility to grant land-use right certificates to eligible applicants who have registered and met the requirements.
Hong Khanh
– 05:25 22/01/2025
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