Tiếng Việt
中文 (中国)
Recently, the Vietnamese National Assembly has passed the 2024 Land Law with a focus on expanding the scope of granting land use certificates for undocumented land in Vietnam. With the extended evaluation period, many Vietnamese citizens will have more opportunities to own land use certificates, commonly known as “red books.”
Before July 1, 2004, the evaluation period for granting land use certificates for undocumented land in Vietnam was divided into two timeframes according to the guidelines in Article 20 of Decree 43/2014/NĐ-CP, including:
- Before October 15, 1993;
- From October 15, 1993, to July 1, 2004.
However, the 2014 Land Law provides more detailed regulations for each timeframe, specifically:
- Before December 18, 1980;
- From December 18, 1980, to October 15, 1993;
- From October 15, 1993, to July 1, 2014.
Conditions for granting land use certificates, as stipulated in the 2013 Land Law, include:
- Stable use before July 1, 2004;
- No violation of land laws;
- Not falling under cases of unauthorized land allocation;
- Confirmation by the commune-level People’s Committee that the land is dispute-free and conforms to land use planning and approved detailed urban construction planning or rural residential construction planning (for areas with existing planning).
The 2024 Land Law has amended some conditions, changing them to:
- Currently using the land;
- No violation of land laws;
- Not falling under cases of unauthorized land allocation;
- Now confirmed by the commune-level People’s Committee as dispute-free land.
Reducing the last condition to confirmation by the commune-level People’s Committee is considered a positive impact, demonstrating the Vietnamese government’s emphasis on protecting the rights of its citizens.
Instead of the previous situation where land without a red book could face challenges in projects or general planning, now citizens have the right to be granted land use certificates, safeguarding their interests. If the land is currently part of planning, the competent authorities must negotiate with the landowner to transfer their land use rights.
For the evaluation period of granting land use certificates for land before July 1, 2014, the conditions include:
- Households and individuals directly engaged in agricultural production using land, non-agricultural land before July 1, 2014;
- No violation of land laws;
- Not falling under cases of unauthorized land allocation;
- Registered permanent residence in economically difficult or particularly economically difficult regions.
In essence, the 2024 Land Law has made positive amendments and additions regarding the evaluation periods for granting land use certificates for undocumented land in Vietnam. However, some opinions suggest that further improvements could be made by adding evaluation periods from 2014 to 2024.
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