Citizens sent questions to the Ministry of Agriculture and Environment asking about the case of Mr. A's household being granted a Land Use Rights Certificate before July 1, 2004. Now Mr. A has passed away (not yet exercised the rights of the land user).
The representative of Mr. A's inheritance hang proposed to re-determine the residential land area (Mr. A is listed in the land registration book) if it meets the conditions for re-determination? If eligible, it is stipulated in Point, Clause 1 of the Land Law.
Responding to this content, the Ministry of Agriculture and Environment said that due to the incomplete content of citizens' feedback, the Ministry of Agriculture and Environment has no basis to give a specific answer. The Ministry would like to introduce some regulations on principles as follows:
Article 141 of the 2024 Land Law stipulates the determination of residential land area when recognizing land use rights. Accordingly, Point b, Clause 6, Article 141 of the Land Law stipulates:
b) The land area of the transferee of land use rights as prescribed by 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 informs citizens to know and contact competent authorities in the locality for consideration and resolution in accordance with the provisions of law. In case the citizen does not agree with the results of handling administrative procedures of local agencies, he/she has the right to complain and file a lawsuit against administrative decisions and administrative acts on land management according to the provisions of Article 237 of the Land Law.
