A resident in Dong Thap was granted a land use right certificate by the District People's Committee on December 11, 1996, with an area of 1,599m2, land use purpose recorded as QT.
On September 4, 2004, the District People's Committee re-issued the certificate. However, the new certificate stated that it was issued to this "household", including 1,540.9m2 of garden land and 48.7m2 of residential land. The residential land was determined based on the actual housing.
In 2025, this person completed procedures to re-determine the residential land area to meet the limit according to the current regulations of the Provincial People's Committee. After that, the branch issued a decision to revoke the Certificate issued in 2004 due to wrongly issuing it to the wrong subject.
Through inspection and comparison according to Article 141 of the 2024 Land Law, this case must have documents according to Article 137 of the 2024 Land Law to have a basis for re-determining the residential land area.
According to the reflection, the house on the land plot was built in 1976. In the land registration book, the land user is recorded as the mother of this person, the land type is Q, without papers showing it is residential land.
People raised the question, what is the basis for the Ward People's Committee currently to re-determine residential land? In addition, if this person has been identified as residential land on another land plot and the area has met the limit according to the province's regulations, will the above-mentioned land plot continue to be re-determined as residential land area or not.
Regarding this content, the Ministry of Agriculture and Environment said that this is an administrative procedure on land for a specific case. When resolving, functional agencies must base it on land records and actual land management in the locality. Handling is under the authority of the locality.
According to the Ministry of Agriculture and Environment, in principle, based on point a, clause 6, Article 141 of the 2024 Land Law, the land plot is re-determined as residential land area when all conditions are met.
The land plot must be residential land with gardens, ponds or residential land previously; certified before July 1, 2004; before issuing the Certificate, the land plot belongs to the case of having one of the types of documents specified in Clauses 1, 2, 3, 5, 6 and 7 Article 137 of the 2024 Land Law.
If the land plot does not fully meet the above conditions, functional agencies do not have a basis to re-determine the residential land area.
Regarding the case reflected by the people, the land plot has a house built in 1976, the land registration book records the name of the mother as the land user. The land plot was first granted a certificate on December 11, 1996, land type QT; then reissued on September 4, 2004, recording 48.7m2 of residential land and the rest is garden land. The certificate issued in 2004 was revoked due to wrongly granted to the wrong subject.
The Ministry of Agriculture and Environment said that, according to Clauses 2, 3, 4, 5, 6 and 7 of Article 152 of the 2024 Land Law, the State will revoke certificates issued in some cases as prescribed. After revocation, the competent authority issuing certificates according to Article 136 of the 2024 Land Law will carry out the re-issuance according to legal regulations.
Thus, the People's Committee of the commune where the land is located is responsible for re-issuing the certificate for the land plot according to the first-time issuance procedure.
If the information reflected by the people is correct, the land plot will be considered for issuance of a certificate according to Article 137 of the 2024 Land Law. This regulation includes content on determining the residential land area for the land plot.
The Ministry of Agriculture and Environment requests people to study the above regulations, compare them with the specific case of the family and contact the commune-level People's Committee where the land is located for guidance and resolution in accordance with regulations.
