Citizens should send questions to the Ministry of Agriculture and Environment asking about the following cases:
The house was granted a Land Use Rights Certificate on August 15, 2004, type T land. On the land there is a house built in 1977, shown in the family registration as a permanent residence from 1977 to present.
According to regulations, the household registration book is not one of the types of documents on land use rights stipulated in Article 137 of the 2024 Land Law, while the Certificate of Land Use Rights of the family is issued after July 1, 2004.
Citizen asked in the case of a family, is the residential land area allowed to be re-determined according to current regulations or not?
Responding to this content, the Ministry of Agriculture and Environment said that Clause 6, Article 141 of the Land Law has specifically stipulated the re-determination of residential land area of households and individuals in cases where residential land plots with gardens, ponds, and residential land has been granted a certificate before July 1, 2004 when the land user has a need or when the State reclaims the land, accordingly:
- The residential land area will be re-determined if at the time of issuance of the previous certificate, there is one of the types of documents specified in Clauses 1, 2, 3, 5, 6 and 7, Article 137 of this Law that is not specified in Clause 4, Article 137 of this Law;
- The residential land area of the land plot has been transferred 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 cannot be re-determined.
The Ministry of Agriculture and Environment recommends that citizens study the provisions of the above law to implement.
