On the Government Portal, citizens asked: Mr. D. D.'s grandparents (Hanoi) have 1 land plot used stably since 1950, they divided it orally to 3 children and built 3 houses since 1995. Now 3 households of 3 children are still living on this land.
Mr. D asked, now that his family wants to issue a Certificate of Land Use Rights for the first time, is the residential land limit calculated separately for each household?
The Ministry of Agriculture and Environment answers this question as follows:
According to the provisions of Clause 1, Article 135 of the 2024 Land Law, Certificates of land use rights and ownership of assets attached to land are issued for each land plot to land users and owners of assets attached to land who have needs and meet the conditions according to the provisions of this Law.
The determination of residential land area when recognizing land use rights is in Article 141 of the Land Law.
Clause 5, Article 141 of the Land Law stipulates that the Provincial People's Committee shall, based on the conditions and customs in the locality, specifically stipulate the land recognition limit for residential land specified in Clauses 1 and 2 of this Article for cases of land use before December 18, 1980 and from December 18, 1980 to before October 15, 1993.
Hanoi City People's Committee has issued Decision No. 61/2024/QD-UBND dated September 27, 2024, Promulgating Regulations on a number of contents in the field of land in Hanoi City, accordingly, Article 11 of the Regulations issued attached to Decision No. 61/2024/QD-UBND has specifically stipulated the determination of residential land area when recognizing land use rights for households and individuals using land.
The Ministry of Agriculture and Environment answers to let him know, study, and contact the competent authority in the locality to be implemented according to the provisions of law.
