Answering questions from Lao Dong Newspaper readers, lawyer Quach Thanh Luc - Director of Phap Tri Law Company (Hanoi Bar Association) said that in fact, when re-determining residential land area according to current regulations, many cases encounter problems related to residential land recognition limits, residential land allocation limits and regulations applied in each period.
According to lawyer Quach Thanh Luc, residential land limits, residential land allocation limits and residential land recognition limits are concepts stipulated in many different legal documents. Therefore, for certificates stating the purpose of use as "residential land", it is necessary to base on legal regulations at the time of issuance of certificates to determine the area of residential land.
In essence, "residential land" in the original sense is understood as residential land. However, according to the classification of land in land law through periods, there is no type of land that is defined with the official name "residential land". Therefore, it is necessary to re-determine the type of land to be consistent with current regulations.
To determine whether 1,000m2 of land recorded as "residential land" on the certificate issued in 1997 is fully recognized as residential land according to current regulations, it is necessary to study the legal regulations in effect at the time of certificate issuance.
According to lawyer Quach Thanh Luc, in 1997, the regulation on land used for residential needs was mentioned in Article 54 of the 1993 Land Law. The concept of residential land at that time was understood in a broad scope, including land for building houses and works serving the living needs of households.
Therefore, the certificate issued in 1997 recording 1,000 m2 of residential land needs to be considered based on legal regulations effective at the time of issuance of the certificate. It is not possible to just re-determine the area of residential land that has been recognized before based on the limit regulations issued afterwards.
Lawyer Quach Thanh Luc analyzed that Article 54 of the 1993 Land Law stipulates the area of residential land for rural households. Then, Article 6 of Decree No. 04/2000/ND-CP specifically stipulates the limit for allocating residential land. Clause 3, Article 6 of this decree stipulates that the limit for allocating residential land only applies to cases of allocating residential land from the date the decree takes effect.
Thus, according to the lawyer, it is necessary to distinguish between the "land allocation limit" for cases where the State allocates new residential land and the area of residential land that has been formed, recognized and recorded in the previous certificate.
For cases where residential land has been formed before, recognized and recorded in certificates by competent authorities, it is necessary to base on legal regulations at the time of issuance of certificates. The residential land allocation limit is applied to new residential land allocation cases according to regulations effective at the time of land allocation," lawyer Quach Thanh Luc analyzed.
According to the lawyer, for certificates issued during the period when the 1993 Land Law took effect and recording the area of residential land, it is necessary to compare with the legal regulations at the time of certificate issuance to determine. If the issuance of certificates and recognition of residential land area at that time is in accordance with legal regulations, the recognized area must be considered, ensuring the rights of land users.
My point of view is that for land certified in 1997, if the issuance of the certificate and determination of the residential land area were in accordance with the law at that time, then the recognition of 1,000 m2 of residential land is in accordance with the law," lawyer Quach Thanh Luc said.
