Understanding Land Use Rights and the Importance of the Red Book in Vietnam
According to Clause 1, Article 151 of the 2024 Land Law, there are several cases where a land user is not granted a certificate of land use rights, often referred to as a “Red Book.” These cases are outlined below:
First:
Agricultural land used for public purposes by communes, wards, or towns is not eligible for a Red Book. This includes land for cultural, sports, entertainment, healthcare, educational, market, cemetery, and other public facilities, as well as for public works managed by the People’s Committees of communes.
Second:
Land managed by the state, such as land for public works and their safety corridors, riverbanks, specialized water bodies, land under state retrieval, land for investment projects, public use land, unallocated or unused land in localities, and land in islands managed by communities, is also not eligible for a Red Book.
An exception is made for land allocated for use that overlaps with managed land. In such cases, a Red Book is issued for the area specified in the state’s land allocation or lease decision.
Third:
Leased or subleased land is generally not eligible for a Red Book, except when leased or subleased from an investor in the construction and business of infrastructure in line with an approved project.
Fourth:
Contracted land is also ineligible, except for agricultural and forestry land that originated from allocated, contracted, white-contracted, leased, or borrowed land from agricultural or forestry enterprises before February 1, 2015, in the form of state-allocated land without land use levy.
Fifth:
Land subject to state retrieval decisions is not eligible for a Red Book, unless more than three years have passed since the retrieval decision without the project being implemented.
Sixth:
Land under dispute, attachment, or temporary seizure as a precautionary measure is also ineligible for a Red Book.
Seventh:
Organizations that are allocated land by the state without land use levy for public, non-business purposes do not receive a Red Book.
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