On the Government Information Portal, Ms. N.H in Hanoi said that her mother was granted a red book on February 1, 2013, the origin of use was formed before 1980, with an area of 324 m2, all of which were recognized as long-term rural land.
In November 2024, after Ms. H's mother completed the procedures to reissue the new red book, the residential land area was reduced to 180 m2 and 144 m2 of land for perennial crops.
Ms. H asked, what guidance document does the family have for lowering the land rent? Is that correct?
The Ministry of Agriculture and Environment responds to this issue as follows:
The content of her reflection is a specific case under the authority of the locality and needs to be based on archival records and specific regulations issued by the locality according to its authority to implement the Land Law for consideration and resolution; therefore, the Ministry has no basis to answer.
The Ministry would like to point out some principles as follows:
The re-determination of residential land area is carried out according to the provisions of Clause 6, Article 141 of the Land Law, specifically as follows:
The re-determination of residential land area of households and individuals in cases where residential land plots have gardens, ponds, and residential land that have been granted a Certificate before July 1, 2004 when the land user has a need or when the State reclaims land is done as follows:
The residential land area is re-determined according to the provisions of Clauses 1 and 2 of this Article if at the time of issuance of the Certificate, there was one of the types of documents specified in Clauses 1, 2, 3, 5, 6 and 7, Article 137 of this Law that were not specified in Clause 4, Article 137 of this Law; the land user does not have to pay land use fees for the area re-determined as residential land.
In case the land user has transferred a part of the residential land area of the land plot or the State has reclaimed a part of the residential land area of the land plot, when re-determining the residential land area, the residential land area that has been transferred or reclaimed must be deducted.
The land area of the transferee of land use rights according to the provisions of law or the land area recovered by the State shall not be re-determined according to the provisions of Point a of this Clause.
The Ministry of Agriculture and Environment informed her to know and research and implement.
During the implementation of land administrative procedures, if she does not agree with the results of the handling of administrative procedures by the competent authority in the locality, she has the right to complain and file a lawsuit against the administrative decision and administrative behavior on land management according to the provisions of Article 237 of the Land Law and Article 7 of the 2011 Law on Complaints.
