Sending a question to the Government Electronic Information Portal, Mr. Nguyen Canh said: His mother has a land plot that was granted a red book in 1996, with an area of 2,807 m2, the purpose of use is residential land, on which there was a house before 1975.
In 2017, Mr. Canh's mother completed procedures to donate land use rights to him. However, because the newly established ward did not have a handover dossier from the old commune (file according to Directive No. 299/TTg) regarding the origin before 1980, the functional agency confirmed and transferred land plot rights to him with 200 m2 of residential land, the remaining area was identified as perennial crop land.
Currently, the ward has found dossier 299 showing the above-mentioned land plot. Mr. Canh asked if he could request to adjust the land use purpose because the determination of residential land limits was not in accordance with the provisions of the 2013 Land Law? According to him, the loss of rights stems from errors of the government in the process of adjusting administrative boundaries, not fully handing over archived dossiers.
The Ministry of Agriculture and Environment answers this question as follows:
The 2013 Land Law has now been repealed according to the provisions of Clause 4, Article 252 of the 2024 Land Law. Currently, the management and use of land is carried out according to the 2024 Land Law and guiding documents for implementation.
Based on the 2024 land law, there are no regulations adjusting the area that has been granted a Certificate of Land Use Rights.
Clause 6, Article 141 of the 2024 Land Law stipulates the re-determination of residential land area, applicable to cases where Certificates are issued before July 1, 2004, at the time of issuance of Certificates, land users have one of the types of documents specified in Clauses 1, 2, 3, 5, 6 and 7, Article 137 of the 2024 Land Law that are not subject to the provisions of Clause 4, Article 137 of the 2024 Land Law.
The Ministry of Agriculture and Environment provides information for you to refer to and implement according to the provisions of law.
