On the Government Portal, Ms. N.T.N (in Bac Ninh) reported that her family has had a plot of land in stable use since before 1972 until now.
In 1986, she went to register the land according to Directive No. 299/TTg and got the certificate, but due to the long time, it was lost.
Land registration books at the commune and district levels are also lost and no longer stored. Ms. N's family has not been granted a first red book for this plot of land.
The land was originally cleared by Ms. N's parents-in-law before 1972, At that time, her parents-in-law built a reported house to live in.
After that, her parents-in-law left the entire plot of land to her and her husband. According to the land demolition map, the land plot has the letter T indicating it is residential land and has an area of 2,445 m2 (map established from 1991-1992). Land used stably without disputes.
According to Point a, Clause 1, Article 138 of the 2024 Land Law on granting red books as follows: "For land plots with houses, houses and works serving life, if the land plot area is equal to or larger than the "land recognition limit as prescribed in Clause 5, Article 141 of this Law", the residential land area is recognized at the residential land recognition limit and no land use fee is required".
According to Decision No. 24/2024/QD-UBND of Bac Giang province (old): "In case the land plot was formed before December 18, 1980, the residential land area is determined to be five (05) times the residential land allocation limit corresponding to each area and area specified in Clauses 1 and 2, Article 3 of this regulation but not exceeding the land plot area in use and a maximum of 800 m2 (Eight hundred square meters)".
From the above opinions, Ms. N found that in both cases: Land plots with documents according to Article 137 of the Land Law, land plots without documents according to Article 138 of the Land Law, the " limit for recognizing residential land" is the same and is regulated in Clause 5, Article 141 of this Law.
Ms. N asked, is your understanding as above correct and consistent with the provisions of the Law?
The Ministry of Agriculture and Environment responds to this issue as follows:
The content of her reflection is related to the determination of residential land use limits for cases specified in Point a, Clause 1, Article 138 and Clause 1, Article 141 of the Land Law.
For these cases, the limit for recognizing residential land is prescribed by the provincial People's Committee based on local conditions and practices.
The determination of residential land area in the case specified in Clause 1, Article 141 is based on documents on the right, limit of residential land recognition and no land use fee must be paid.
Regarding the provisions in Point a, Clause 1, Article 138: "In case the land area for the construction of houses, houses and works for living is larger than the residential land recognition limit prescribed in this point, the residential land area recognized shall be based on the actual area for the construction of houses, houses and works for living; the land user must pay land use fees for the area exceeding the residential land recognition limit at this point".
