Regulations on re-determining residential land area
A resident reflected on problems related to re-determining the area of residential land when carrying out procedures for issuing a Certificate of Land Use Rights. According to the reflection, the family is using a land plot originating from previous years, in which a part of the area has legal papers, the rest has no papers and is being used as agricultural land.
People said that the entire land plot is currently in accordance with residential land planning, so they are wondering whether it is possible to redefine the entire area into residential land when carrying out procedures for issuing Certificates.
Regarding this content, the Ministry of Agriculture and Environment said that the 2024 Land Law has specifically stipulated cases where residential land area can be re-determined.
According to Clause 6, Article 141 of the 2024 Land Law, the re-determination of residential land area only applies to residential land plots with gardens, ponds or residential land that have been granted Certificates before July 1, 2004. The re-determination is carried out when land users have needs or when the State recovers land.
Notably, the re-determination of residential land area is only considered when at the time of issuance of the Certificate in the past, the land user had one of the types of land use right documents as prescribed by law.
Not applicable to areas without papers
According to the Ministry of Agriculture and Environment, for land areas without valid papers as prescribed in Article 137 of the 2024 Land Law, they are not eligible for re-determination of residential land area.
In addition, after determining the residential land area according to regulations, the remaining area, if used for agricultural purposes, will continue to be recognized as agricultural land. In case people have a need to convert to non-agricultural purposes and are in accordance with planning, it may be considered but must fulfill financial obligations according to regulations.
Functional agencies said that the determination of residential land area or consideration of issuing Certificates must be based on dossiers, land use origin and the actual condition of each land plot.
Therefore, when people need to re-determine the area of residential land, they need to contact the local land management agency to check their dossiers and be guided to implement them in accordance with the law.
