Is it possible to grant a Red Book for land in the plan?

My house was built in 2000 without a red book and dispute. However, when applying for a red book, I was told that my land lot was located on a planned project. I would like to know if it’s possible to grant a Red Book for land in the plan. Thank you all.

FDVN’s Opinions:

According to Clause 2, Clause 3 of Article 49 of Law on land 2013 amended by Clause 1, Article 6 of Law on Amendments to some articles concerning the planning of 37 laws:

 “In the cases where the land use planning has been published but a district land use plan is not available, the land user is entitled to keep using land and exercise the rights of a land user as prescribed by law.

In the cases where the district land use plan is available, the land user in the area where land has to be repurposed and expropriated according to the planning is entitled to keep exercising the rights of a land user but is not allowed to build new residential houses or works or grow perennials. Any land user that wishes to renovate or repair existing residential houses or works must obtain permission from a competent authority as prescribed by law.

In the cases where the land specified in the published annual district land use plan has to be expropriated to execute a project or has to be repurposed but the expropriation decision has not been issued or land repurposing has not been granted permission, the authority that has the power to approve the land use plan shall adjust, cancel and publish the adjustment or cancellation of expropriation or repurposing of the land specified in the land use plan.

In the cases where the authority in charge of approving the land use plan fails to adjust or cancel or adjusts or cancels but fails to publish the adjustment or cancellation, the land user is not limited to rights as prescribed in Clause 7 of this Article.”

According to the above provisions, in case the land is in the announced planning area but there is no district-level annual land-use plan, the land user may continue to exercise his/her land-use rights, including the right to “To be granted the certificate of land use rights, houses, and other land-related assets ownership” under Article 166, Law on land 2013.

In case the land is under the planning and has an annual land-use plan, the land user can still apply for a Certificate of Land-use rights under the legal procedures and is restricted only when there is a State’s Decision on land recovery under Clause 6, Article 19 of Decree No. 43/2014/ND-CP, specifically:

Cases where the Certificate of land use rights and ownership of houses and other land-attached assets is not granted: “Land users that fully meet the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets but have received land recovery notices or decisions of competent state agencies.”

Thus, according to the information you provided, your land is in the planning area. However, there is no information about whether there has been notified or decided to recover the land in the plan, so there are 2 cases that may happen:

- If you have not received the notice or decision on land from the District People's Committee and is eligible for a Certificate as prescribed in Article 100 or Article 101 of the Law on Land 2013, your family may continue to use and may exercise the rights of land users under the law, including the application for a certificate of land use rights, ownership of houses and other land-attached assets.

- If you have received a notice or decision on land recovery from the District People's Committee (regulated in Clause 2, Article 66 of Law on Land 2013), the land plot used by your family is falling into the case of not being granted a Certificate of Land-use rights, ownership of houses, and other land-attached assets.

Also according to the above regulations, if your family receives the Notice of Revocation of the land your family is using, but after 3 years, the decision on land recovery has not been issued, the competent state agency approving the land-use plan must adjust or cancel it and the adjustment and cancellation must be announced. In case the announcement of the cancellation of land acquisition is issued, you can submit a dossier to carry out the procedures for granting a certificate of land use rights, ownership of houses, and other assets attached to the land.

Hoàng Trần Ngọc Anh – FDVN Law Firm

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