Land Use Term Extension Considered for Red Book Issuance
Compared to the 2013 Land Law, the 2024 Land Law has extended the land use term for consideration for the Red Book issuance. Specifically, the 2013 Land Law divided the land use period into two time periods as follows: before October 15, 1993, and from October 15, 1993, to June 30, 2004. Up to now, Article 138 of the 2024 Land Law has expanded the time of recognition of land use rights to three time periods as follows: before December 18, 1980, from December 18, 1980, to October 14, 1993, and from October 15, 1993, to June 30, 2014.
This creates more favorable conditions for people in legalizing their land use rights, especially for those who have used the land in the recent period but do not have legal documents.
Red Book Issuance Procedure for Cases of Land Use Rights Transfer without Papers before July 1, 2014
According to Clause 1, Article 42 of Decree No. 101/2024/ND-CP dated July 29, 2024, of the Government regulating basic land surveys, land use right certificates, ownership certificates for assets attached to land, and the land information system:
“1. The following cases of land use due to the receipt of land use rights transfer that does not comply with the law but has the signatures of the related parties and has not been granted a Certificate, and does not fall under the case prescribed in Clause 2 of this Article, the land user shall carry out the procedure for registration of land, issuance of Land Use Right Certificates, ownership of assets attached to the land for the first time in accordance with the provisions of the Land Law and the provisions of this Decree without having to carry out the procedure for transfer of land use rights; the agency receiving the dossier shall not require the recipient of the transfer of land use rights to submit a contract, a document on the transfer of land use rights according to the provisions of law, except for the case of inheritance of land use rights prescribed at Point d, Clause 1, Article 28 of this Decree:
a) Land use due to the receipt of land use rights transfer before July 1, 2014, in case there is no paper on land use rights prescribed in Article 137 of the Land Law.”
Accordingly, people who received the transfer of land use rights without the Red Book before July 1, 2014, when carrying out the procedure for the issuance of land use right certificates, do not need to provide a contract or document on the transfer of land use rights but still need to ensure general conditions for land grant such as no land dispute, stable land use, etc.
In general, this regulation is humane and flexible to resolve the common situation of buying and selling land without a certificate before July 1, 2014. This contributes to the legalization of land use rights of transferees, protecting the interests of people who have traded but have not been able to complete the procedure according to the old regulations, while simplifying the procedure for the issuance of land use right certificates, creating favorable conditions for people to stabilize their lives and production.
File for the First Land Registration Procedure
For the first land registration procedure, people need to prepare:
– Registration form for land and assets attached to land according to Form No. 04/ĐK
– Extract of cadastral map of the land parcel (if any)
– Certificate of fulfillment of financial obligations, papers related to exemption or reduction of financial obligations related to land and assets attached to land (if any)
– Power of attorney in case of authorization of another person to perform the procedure
In addition to the above papers, depending on the specific case, people need to prepare papers proving their eligibility. For example: In the case of inheritance of land use rights that have not been granted a Certificate, supplement the papers on the inheritance of land use rights in accordance with the law. Or a document determining the members with common land use rights of the household using the land for the case of a household using the land.
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Note on Land Use Charge Exemption
According to Clause 5, Article 138 of the 2024 Land Law, households and individuals who are subjects of agricultural land allocation have used residential land or non-agricultural land before July 1, 2014, without papers, have registered permanent residence in localities in regions with difficult or particularly difficult socio-economic conditions, and have been certified by the commune-level People’s Committee as having no land dispute, will be granted the Red Book and exempted from land use charges. This aims to support people in difficult areas to legalize their land use rights without financial burden.
However, note that the exemption from land use charges does not mean exemption from all related fees. Land users still have to pay fees such as registration fee, dossier evaluation fee, and land use right certificate issuance fee according to regulations. This ensures that the process of granting land use right certificates is carried out correctly and fairly for all related parties.
Thus, the 2024 Land Law has created more favorable conditions for people in the Red Book issuance for land purchased before July 1, 2014, without papers. Understanding and complying with the provisions of the Land Law will help people secure their legitimate rights and contribute to the sustainable development of society.
Master of Science. Lawyer Huynh Thi My Hang (Anh Si Law Company)
– 13:00 11/02/2025
