1. People have documents on land use rights
In case the land has documents on land use rights according to the provisions of Clauses 1, 2, 3, 4, 5, 6, 7, Article 137 of the 2024 Land Law, and in those documents the residential land area is larger than the local residential land recognition limit prescribed by the People's Committee of the province (province, centrally-run city), the residential land area granted exceeds the limit.
2. People do not have documents on land use rights
Pursuant to Point a, Clause 1 and Point a, Clause 2, Article 138 of the 2024 Land Law, it is stipulated as follows:
Case 1: Households and individuals using land before December 18, 1980, and now confirmed by the People's Committee of the commune where the land is located that there is no dispute, will be granted a certificate of land use rights and ownership of assets attached to the land as follows:
- For land plots with houses, houses and works serving life, if the land plot area is equal to or larger than the recognized residential land limit according to regulations, the recognized residential land area is equal to the recognized residential land limit and no land use fee is required.
In case the land area for construction of houses, dwellings and works serving life is larger than the land recognition limit prescribed in this point, the residential land area shall be recognized according to the actual area for construction of houses, dwellings and works serving life; the land user must pay land use fee for the area exceeding the land recognition limit prescribed in this point.
Case 2: Households and individuals using land from December 18, 1980 to before October 15, 1993, and now have been confirmed by the People's Committee of the commune where the land is located that there is no dispute, will be granted a certificate of land use rights and ownership of assets attached to the land as follows:
- For land plots with houses, houses and works serving life, if the land plot area is equal to or larger than the prescribed residential land recognition limit, the residential land area recognized is equal to the residential land recognition limit and no land use fee is required.
In case the land area for construction of houses, dwellings and works serving life is larger than the land recognition limit prescribed in this point, the residential land area shall be recognized according to the actual area for construction of houses, dwellings and works serving life; the land user must pay land use fee for the area exceeding the land recognition limit prescribed in this point.
In short, land use rights exceeding the local residential land limit will be granted if the current area of land for housing and construction works serving daily life is larger than that limit.
