Pursuant to the provisions of Clause 7, Article 141 of the 2024 Land Law on competent authorities re-determining residential land areas when issuing red books as follows:
Article 141. Determining residential land area when recognizing land use rights
Households and individuals who are using land with one of the types of documents on land use rights specified in Clauses 1, 2, 3, 4, 5, 6 and 7, Article 137 of this Law and on those documents can show the purpose of use for housing, residential land or residential land, the residential land area is determined when granting a Certificate of land use rights and ownership of assets attached to land as follows:
- The competent authority issuing a Certificate of land use rights and ownership of assets attached to land as prescribed in Point b, Clause 1, Article 136 of this Law is responsible for re-determining the residential land area and issuing a Certificate of land use rights and ownership of assets attached to land in the cases specified in Point a, Clause 6 of this Article.
Accordingly, the competent authority to re-determine the residential land area when reissuing the red book is the competent authority to issue the red book according to regulations, that is, the People's Committee at the district level.
However, according to the provisions of Point h, Clause 1, Article 5 of Decree 151/2025/ND-CP:
Article 5. The authority of the People's Committee at the district level, the Chairman of the People's Committee at the district level shall be transferred to the Chairman of the People's Committee at the commune level
- The authority of the District People's Committee as prescribed by the Land Law shall be transferred to the Chairman of the Commune People's Committee for implementation, including:
+ Issuance of Certificate of land use rights and ownership of assets attached to land as prescribed in Point b, Clause 1, Article 136 and Point d, Clause 2, Article 142 of the Land Law.
Thus, the competent authority to re-determine the residential land area when reissuing the red book is the Chairman of the People's Committee at the commune level.
