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Research on policy of granting 'red books' for land without papers

Việt NamViệt Nam16/01/2024

The National Assembly Standing Committee proposed to consider recognizing land use rights for households and individuals who used land before July 1, 2014 without violating land laws.

On January 15, on behalf of the National Assembly Standing Committee, reporting on the acceptance and explanation of the draft revised Land Law, Chairman of the Economic Committee Vu Hong Thanh said that Article 138 of the draft has added the content of granting Land Use Right Certificates (red books) to households and individuals using land without documents without violating land laws and not in cases where land was allocated without proper authority.

The current Land Law stipulates that the land ownership certificate for this case must have been used stably before July 1, 2004. Thus, the Standing Committee proposed that the time limit for considering granting a red book for land without documents be extended by 10 years compared to the old regulation. "This is a practical requirement, the Government needs to carefully review to perfect the regulations in the direction that is most beneficial to land users, while ensuring clarity, preventing and avoiding negativity in the implementation process," said Mr. Thanh.

Delegate Duong Van Phuoc, Chief of Office of Quang Nam Delegation. Photo: National Assembly Media

Delegate Duong Van Phuoc (Chief of Office of Quang Nam Delegation) said that in reality, there are many cases where people have built construction projects and have stable, long-term housing but have not yet been granted red books due to legal problems.

Mr. Phuoc gave an example of land acquisition in landslide areas and resettlement for people in emergency situations. To ensure safety, the agencies only had time to relocate and arrange residential land without policies, plans, procedures, and processes as prescribed, leading to insufficient legality for land allocation and red book issuance.

Delegate Mai Van Hai (Deputy Head of Thanh Hoa Delegation) mentioned many cases where people were allocated land by the People's Committee of the commune or cooperative in various forms and people paid money to use the land. However, up to now, many cases have been determined to have been allocated land without proper authority.

"I suggest that it is necessary to clearly define the responsibilities of people who are granted red books and their financial obligations. The draft must also clarify the government's responsibility towards the people because they previously paid money to use the land," said Mr. Hai.

Delegate Mai Van Hai (Deputy Head of Thanh Hoa Delegation). Photo: National Assembly Media

This is the fourth time the draft revised Land Law has been submitted for comments by the National Assembly. After not being approved at the 6th session at the end of 2023, the draft law has been accepted and revised, currently having 16 chapters, 260 articles, 5 articles removed, 250 articles amended and supplemented compared to the draft submitted to the National Assembly at the 6th session.

Based on the discussion and review, the agencies have agreed to revise and finalize 18 contents on major issues. The draft law will be considered and approved by the National Assembly at the ongoing extraordinary session.

According to SON HA (vnexpress.net)


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