Citizens sent questions to the Ministry of Agriculture and Environment saying that they are issuing and exchanging land use right certificates due to increased measurement areas, certificates issued showing the type of land as residential land and garden land, and the residential land area has not been determined, but at the time of issuance of the certificate in 1999, citizens did not have documents according to Article 137 of the Land Law, and currently there is no need to re-determine the residential land area.
Citizens ask how to submit an application for a new license?
Responding to this question, the Ministry of Agriculture and Environment said that the re-determination of residential land area of households and individuals in cases where residential land plots have gardens, ponds, and residential land that have been granted certificates before July 1, 2004 when the land user has a need or when the State reclaims land is carried out in cases where one of the types of documents specified in Clauses 1, 2, 3, 5, 6 and 7, Article 137 of the Land Law is available. In case the citizen reflects without the documents specified in Article 137, he/she is not eligible for re-determination of residential land area.
Information on the type of land shown on the Certificate of land use rights and ownership of assets attached to land shall comply with the provisions of Clause 3, Article 33 and Clause 3, Article 8 of Circular No. 10/2024/TT-BTNMT dated July 31, 2024 of the Minister of Natural Resources and Environment (now the Ministry of Agriculture and Environment), accordingly, the type of land shown in this Circular is detailed land in the agricultural land group, non-agricultural land group, and unused land group as prescribed in Articles 4, 5, and 6 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government.
Article 138 of the Land Law stipulates the issuance of Certificates of land use rights and ownership of assets attached to land for households and individuals who are using land without documents on land use rights without violating land law, not falling under cases where land is allocated without proper authority when the land user has not been granted a Certificate.
The Ministry of Agriculture and Environment informs citizens to know, research, and contact competent authorities in the locality for guidance on settlement according to regulations.
