No longer recognizes household red books

After the 2024 Land Law was promulgated and took effect from August 1, many people were interested in issues related to land use right certificates (red books). One of the changes in this law is that red books issued to households are no longer recognized.

Article 4 of the 2024 Land Law clearly states that the State recognizes land use rights and grants land use right certificates to 7 groups of subjects, including:

Domestic organizations, including:

- State agencies, agencies of the Communist Party of Vietnam, people's armed forces, Vietnam Fatherland Front, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, public service units and other organizations as prescribed by law.

- Economic organizations according to the provisions of the Investment Law, except for the cases specified in Clause 7, Article 4.

Religious organization, affiliated religious organization.

Individuals in the country and Vietnamese people residing abroad are Vietnamese citizens.

Residential community.

Foreign organizations with diplomatic functions include diplomatic representative agencies, consular agencies, other representative agencies of foreign countries with diplomatic functions recognized by the Government of Vietnam; representative agencies of organizations under the United Nations, intergovernmental agencies or organizations, representative agencies of intergovernmental organizations.

Vietnamese people living abroad.

Economic organization with foreign investment capital.

Meanwhile, Article 5 of the 2013 Land Law stipulates 7 groups of subjects recognized for land use rights, including:

Domestic organizations include state agencies, people's armed forces units, political organizations, socio-political organizations, economic organizations, socio-political-professional organizations, social organizations, socio-professional organizations, public service organizations and other organizations as prescribed by the law on civil affairs.

Domestic households and individuals (hereinafter referred to as households and individuals).

A residential community includes a community of Vietnamese people living in the same hamlet, village, hamlet, village, village, neighborhood, residential group and similar residential area with the same customs, practices or the same family lineage.

Religious establishments include pagodas, churches, chapels, temples, shrines, Buddhist prayer halls, monasteries, religious training schools, headquarters of religious organizations and other religious establishments.

Foreign organizations with diplomatic functions include diplomatic representative agencies, consular agencies, other representative agencies of foreign countries with diplomatic functions recognized by the Government of Vietnam; representative agencies of organizations under the United Nations, intergovernmental agencies or organizations, representative agencies of intergovernmental organizations.

Vietnamese people residing abroad according to the provisions of the law on nationality.

Foreign-invested enterprises include 100% foreign-invested enterprises, joint venture enterprises, Vietnamese enterprises in which foreign investors purchase shares, merge, or acquire according to the provisions of the law on investment.

It can be seen that households are no longer subjects of land users. Therefore, red books will no longer be issued to households as before.

How will the red book issued to the household be handled?

Clause 4, Article 256 of the 2024 Land Law clearly states that the certificate of land use rights, house ownership rights and other assets attached to land issued to household representatives before August 1, if members sharing land use rights of the household have a need, will be issued a new certificate and fully record the names of members sharing land use rights.

The determination of members sharing the right to use land of a household to register their names on the land use right certificate is agreed upon by these members and they are responsible before the law.

In addition, Article 259 of the 2024 Land Law stipulates that in cases where the State allocates or leases land to households to implement approved compensation, support and resettlement plans, it must specifically record individuals who are household members with land use rights in the land allocation or land lease decision.

Households that have been allocated land by the State without land use fees, allocated land with land use fees, or leased land before August 1st may continue to use the land for the remaining land use term. When the land use term expires, the land use term may be extended in the form of land allocation or lease to individuals who are members of that household.