Red book is the abbreviated name based on the color of the previous Land Use Right Certificate. This is a type of document with legal value proving the land use rights of the legal land user. Currently, instead of issuing the Land Use Right Certificate (red book), the State has issued the Certificate of land use rights, house ownership rights and other assets attached to land (pink book) to the land user. Although there are differences in name and color, the red book and the pink book have equal value in certifying the land use rights and ownership of the land user.
According to Article 19 of Decree No. 43/2014/ND-CP of the Government promulgating a number of articles of the Land Law, there are 7 cases where a Certificate of land use rights, house ownership rights and other assets attached to land is not granted. Cases where a red book is not granted include:
- Organizations and residential communities that are assigned land by the State for management in the cases specified in Article 8 of the Land Law.
- People who are managing and using agricultural land belonging to the public land fund of communes, wards and towns.
- People using land who do not meet the conditions to be granted a Certificate of land use rights, house ownership rights and other assets attached to land according to the provisions of current land law.
- Land users who are eligible for a Certificate of land use rights, house ownership rights and other assets attached to land but have received a notice or decision to reclaim land from a competent state agency.
- Land lessees and sub-lessees from land users, except for land leases and sub-leases from investors in construction and infrastructure business in industrial parks, industrial clusters, export processing zones, high-tech zones and economic zones.
- Land contractors in farms, forestry farms, agricultural and forestry enterprises, protective forest management boards, special-use forest management boards.
- Organizations and People's Committees at the commune level are allocated land by the State without collecting land use fees for the purpose of constructing public works including roads, water, petrol, oil and gas pipelines; power transmission lines, information transmission lines; outdoor entertainment areas; cemeteries and graveyards not for business purposes.
Land use right certificate is a short name, named after the color of the previous Land Use Right Certificate. (Illustration photo)
However, at present, when the State is amending the 2013 Land Law as well as related guiding documents, Article 144 of the Draft Amended Land Law only shortens to 05 cases where red books are not granted as follows:
- Land belonging to the public land fund of communes, wards and towns.- Land assigned for management in the cases specified in Article 8 of the draft Law, except for the case: land assigned for shared use with land assigned for management shall be certified for the right to use according to the assignment or lease decision of the competent state agency.
- Land leased or subleased from land users; contracted land, except for land lease or sublease from investors building and trading infrastructure, in accordance with investment projects approved by competent authorities.
(Currently, Article 19 of Decree 43/2014/ND-CP stipulates that except for cases of leasing or subleasing land from investors in construction and business of infrastructure in industrial parks, industrial clusters, export processing zones, high-tech zones, economic zones; Land contractors in farms, forestry farms, agricultural and forestry enterprises, protective forest management boards, special-use forest management boards.)
- Land has been registered in the land registry but there has been a land recovery decision by a competent state agency, except in cases where it has been more than 03 years since the date of the land recovery decision but it has not been implemented.
(Current regulations stipulate that land users who are eligible for a Certificate of land use rights, house ownership rights and other assets attached to land but have received a notice or decision to reclaim land from a competent state agency).
- Organizations and People's Committees at the commune level are allocated land by the State without collecting land use fees for the purpose of constructing public works including traffic works, water, petrol, oil and gas pipelines; power transmission lines, information transmission lines; outdoor entertainment areas; cemeteries and graveyards not for business purposes.
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