On the Government Information Portal, Mr. T.D.K in Hanoi reflected that in the years before 2004, the Land Use Rights Certificate stated: Purpose of use "T", long-term term of use.
There are many different definitions for the word "T". For example, with the same area of 200 m2, there is a red book showing 200 m2 of land for use purposes "T" (common sense), not specifically how many m2 of residential land, how many other m2 of land, or garden land, ponds, so there are opinions that this is only a part of the area of residential land.
However, if there is a red book, it will record 100 m2 of the purpose of using "T", 100 m2 of the garden; so the 100 m2 of the purpose of using "T" above is residential land, or other land?
Mr. K suggested that the authorities should have specific written instructions to unify how to issue and exchange red books to people nationwide: "The purpose of use of "T" is residential land".
The Ministry of Agriculture and Environment responds to this issue as follows:
On October 28, 1989, the General Department of Land Management issued Circular No. 302 TT/DKTK guiding the implementation of the decision on granting a Land Use Rights Certificate.
Accordingly, the type of land with the symbol "T" is determined to be "Land in residential area".
On July 27, 1995, the General Department of Land Use Rights issued Decision No. 499-QD/DC promulgating regulations on models of books for land registration, issuance of Land Use Rights Certificates, and establishment of land records.
The writing of the Certificate during this period is still carried out according to Circular No. 302 TT/DKTK.
Accordingly, the purpose of land use on the Certificate is determined according to the Land Use Book; the type of land with the "residential purpose" symbol is the letter "T".
On March 16, 1998, the General Department of Land Use Affairs issued Circular No. 346/1998/TT-TCDC guiding the procedures for land registration, land records establishment and issuance of Land Use Rights Certificates.
According to Section I, Part III of Circular No. 346/1998/TT-TCDC, the "use purpose" stated on the Certificate: Record the signing of the agreement for each type of unified land use purpose as prescribed in the final page of the Land Book issued under Decision 499 QD/DC dated July 27, 1995 of the General Department of Land.
type of land with "residential purpose" symbolised as "T".
The determination of residential land area during the implementation period of Decision No. 499-QD/DC and Circular No. 346/1998/TT-TCDC must comply with the provisions of Article 54 of the 1993 Land Law.
Thus, the representation of the land type marked "T" during the implementation period of Circular No. 302 TT/DKTK is in accordance with the provisions of law; for Certificates issued during the implementation period of Decision No. 499-QD/DC before December 1, 2004, the representation of the land type marked "T" is determined to be "with residential purposes" but must ensure the land level that each rural household is allowed to live in, specifically regulated by the Provincial People's Committee on the basis of Article 54 of the Land Law 1993.
