Mr. T.B.D.T in Quang Ngai reflected that he was granted a red book of 500 m2 in 1999. Including 300 m2 of residential land and 200 m2 of garden land.
In 2023, he changed the transfer book (changed the ID card information to the Citizen Identification Card, land plot address...).
Mr. T asked, now you have brought the red book to the commune to do the procedures to re-determine the residential land area (this land registered under Directive 299/TTg is 500 m2 of land with the letter "T")?
The Ministry of Agriculture and Environment responds to this issue as follows:
The content of his 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 as follows:
"The re-determination of the 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 the 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".
