Conditions for the first issuance of a red book in Vietnam

Today, the issue of records related to land use rights is of great interest to many people. There are many disputes that arise directly from the lack of land use rights. So about the matter “Conditions for the first issuance of a red book in Vietnam” Let’s find out with LSX in the article below.

Legal grounds:

• Land Law 2013.
• Decree 43/2014/ND-CP.
• Decree 01/2017/ND-CP.

Conditions for the first issuance of a red book in Vietnam

Pursuant to Article 101 of the 2013 Land Law, if the land does not have a land use right document, the household or individual that is currently using the land will still be granted a red book if it satisfies the conditions prescribed by law.

Article 101. Issuance of certificates of land use rights and ownership of houses and other land-attached assets to households and individuals currently using land without land use right documents

1. Households and individuals that are using land before the effective date of this Law without the papers specified in Article 100 of this Law, have permanent residence in the locality and directly engage in agricultural production. Agriculture, forestry, aquaculture, salt making in areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions, are now approved by the People’s Committees of communes where the land is located. If the person who has confirmed that he/she has used land stably and without dispute, he/she shall be granted a certificate of land use rights and ownership of houses and other land-attached assets and shall not be required to pay land use levy.

2. Households and individuals currently using land do not have the papers specified in Article 100 of this Law, but the land has been used stably before July 1, 2004 and has not violated the land law. , is now certified by the commune-level People’s Committees as undisputed land, in accordance with the land use planning, urban construction detailed planning, rural residential area construction planning approved by the state housing authority. If the country has the authority to approve the planning, the certificate of land use rights and ownership of houses and other land-attached assets will be granted.

3. The Government shall detail this Article

Thus, according to the provisions of Article 101 of the 2013 Land Law, households and individuals that use land without papers may be granted a red book and may have to pay land use levy.

– Households and individuals have been using land stably since before July 1, 2004 and have not violated the law on land.

– Now certified by the commune-level People’s Committee as the land without dispute, in accordance with the land use planning, urban construction detailed planning, rural residential area construction planning approved by the competent State agency. approval authority for the place where the planning has been made.

In the case of not having to pay land use levy when the land is

– Used before 1/7/2014.

– Having a permanent household registration in the locality and directly engaged in agricultural, forestry, aquaculture, and salt production in areas with difficult socio-economic conditions or with special socio-economic conditions. special difficulties;

– Now certified by the People’s Committee of the commune where the land is located as a stable and dispute-free land user (at the time of submitting the application for the Red Book).

Land use levy in Clause 21, Article 3 of the 2013 Land Law stipulates: “Land use levy is the amount of money that a land user must pay to the State when the State allocates land with collection of land use levy and permits the transfer of land use, recognition of land use rights.”

What is stable land use?

With undocumented land, one of the important grounds to be considered for a red book is to use the land stably.

According to Article 21 of Decree 43/2014/ND-CP, stable land use is the continuous use of land for a certain main purpose from the time of commencement of land use for that purpose to the time of issuance of a land registration book. . The starting time of stable land use is determined based on the time and contents related to the land use purpose recorded on one of the following papers:

– Receipt of payment of agricultural land use tax, housing tax.

– Papers on registration of permanent residence, long-term temporary residence in houses attached to residential land; identity card or birth certificate, paper of payment of electricity, water and other payments with the address of the house in the registered land plot.

– Papers on the allocation, allocation, allocation of houses or land by agencies or organizations assigned by the State to manage and use land.

– Papers on purchase and sale of houses and other land-attached assets or papers on land purchase and sale or transfer of land use rights with signatures of related parties.

– Maps, catalogs, survey and measurement documents on land over time.

– The declaration of registration of house and land, certified by the People’s Committee of the commune at the time of declaration and registration….

In case one of the above papers is not available or the time of establishment of the paper is not clearly stated on the paper and the land use purpose, a certification of the commune-level People’s Committee of the time to start using the land and the purpose of land use is required. purpose of land use on the basis of collecting opinions of people who have lived at the same time when starting to use the land.

To summarize your case, we analyze as follows: First of all, this property is the common property of your parents, then the land is divided into two parts by your mother and your father’s when your father dies, your mother will be part of your father’s half of the land. Secondly, the land of your house is used stably every year, has full tax papers, and is certified by everyone, but you do not have any land documents according to the provisions of article 101 of the 2013 Land Law. First of all, you must prove that your home’s land does not violate the law, in accordance with the master plan and plan on land use, certified by the People’s Committee of the commune where the land is located, who has been using the land stably and without dispute. (at the time of submitting the application for the Red Book) there is no dispute… as mentioned above, you can completely issue a red book for the first time and can pay land use levy if you fall into the right cases. submit.

What is the minimum area to issue a red book for the first time?

Pursuant to Articles 100 and 101 of the 2013 Land Law and Articles 18, 20, 22, 23, 24 of Decree 43/2014/ND-CP, the conditions for first issuance of a red book are divided into two cases as follows:

– Land with papers on land use rights.

– Land without papers on land use rights.

Thus, the conditions for the issuance of a red book for the first time do not have a minimum area requirement. Just meet the conditions on a case-by-case basis as above to be granted a red book.

A land plot smaller than the minimum area will still be granted a red book if the land plot in use is formed before the effective date of the provincial-level People’s Committee’s effective document regulating the minimum area to be divided. enforce.

At the same time, the land plot is eligible for certification.

According to Clause 31, Article 2 of Decree 01/2017/ND-CP, the Provincial People’s Committee stipulates the minimum area allowed to separate the parcel for each type of land to suit the specific conditions of the locality.

Thus, the minimum area allowed to separate the plot is regulated by the Provincial People’s Committee, so the minimum area is different between provinces.

Each province and city stipulates the conditions for the separation of a parcel of land which are different, but the common point is that the newly formed land plot and the remaining land plot area after the parcel separation must not be less than the minimum area.

However, the law also stipulates the way in which the land plot intended to be split does not meet the minimum area requirement and is still allowed to be split if the area is smaller than the minimum area to be combined with the land plot. other.

Thus, people living in any locality must pay attention to how their province regulates the minimum area to be granted a land use right certificate.

If your land has an area of ​​137m2, it will still be enough for the grant, but you need to consider which province your hometown is in and the minimum and maximum limit of your commune, district and province.

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