1. Limit of residential land recognition
Pursuant to Article 141 of the 2024 Land Law, the recognition limit for residential land is stipulated as follows:
- In case the land plot was formed before December 18, 1980, the land user does not have to pay land use fees for the area determined as follows:
a) The land parcel is equal to or greater than the residential land recognition limit, but on the papers of land use rights, the residential land area has been specified, the residential land area is determined according to such papers; In case the residential area is shown on the papers on land use rights smaller than the residential land recognition limit or not yet clearly stated the residential land area, the residential land area is determined by the residential recognition limit.
b) A land plot with an area smaller than the residential land recognition limit shall be determined as residential land.
- In case the land plot was formed from December 18, 1980 to before October 15, 1993, the land user does not have to pay land use fees for the area determined as follows:
a) The land parcel is equal to or greater than the residential land recognition limit, but on the papers of land use rights, the residential land area has been specified, the residential land area is determined according to such papers; In case the residential area is shown on the papers on land use rights smaller than the residential land recognition limit or not yet clearly stated the residential land area, the residential land area is determined by the residential recognition limit.
b) A land plot with an area smaller than the residential land recognition limit shall be determined as residential land.
Thus, the residential land allocation limit is determined based on the grounds according to the land use documents. When granting a Land Use Rights Certificate, if the content is stated as residential land, that area will be recognized as residential land.
In other words, the residential land area is most clearly and accurately shown on the Land Use Rights Certificate.
2. Limit of residential land allocation
Pursuant to Clause 2, Article 195 of the 2024 Land Law, the limit for land allocation in rural areas is regulated as follows: Based on the land fund and the actual situation of the locality, the Provincial People's Committee stipulates the limit for land allocation to individuals in rural areas.
Pursuant to Clause 2, Article 196 of the 2024 Land Law, the limits for urban land allocation are as follows: Based on the land fund and the actual situation of the locality, the Provincial People's Committee stipulates the limits for urban land allocation to individuals.
Thus, based on the two above regulations, the land allocation limit is based on the land fund and the actual situation of the locality.
Although the way to determine the limit for rural land allocation and the limit for urban land allocation are different, depending on each locality, the competent authority regulating the limit for residential land in these two localities is not different.
The competent authority regulating the land allocation limit is the Provincial People's Committee.
