According to the Government Portal, citizens ask:
On the red book of Mr. L.V.T's parents (Hai Phong) issued in 2001, 2 plots with code T (total 321 m2) are shown. According to the 1993 Land Law, the code T is residential land. However, the words are written as 200 m2 of residential land, and the rest is annual crop land.
Mr. T asked, is the land use right certificate issued correct or wrong? The adjacent land plots were all granted 300 m2 of residential land, now what do you need to do to accurately determine it?
The Ministry of Agriculture and Environment answers this question as follows:
The content of his reflection on the problems related to the Certificate of land use rights, ownership of assets attached to land shows 02 land plots, the land type code is written in T, with a total of 321 m2, 200 m2 of residential land, and the rest is annual crop land. However, because there is no Certificate attached, the Ministry of Agriculture and Environment does not have sufficient basis to answer specifically, the Ministry answers in general principle as follows:
According to the provisions of Clause 2, Article 20 of Decree No. 49/2026/ND-CP, the re-determination of residential land area only applies to cases where the Certificate issued before July 1, 2004 does not fall into the cases specified in Clause 6, Article 141 of the Land Law and has not specifically determined the residential land area but is shown as residential land with other land, such as "residential land", "concentrated land", "building houses", "residential land + garden", "T", "TV", "TQ", "TTT".
Accordingly, for cases where the Certificate was issued before July 1, 2004, but the content of the Certificate clearly and specifically recorded the area of each type of land (area of separate residential land and area of other types of land), it is not subject to the application of Clause 2, Article 20 of Decree No. 49/2026/ND-CP.
Land users who need to increase the area of residential land on the area already recorded as land other than residential land must carry out procedures to change the land use purpose to residential land according to the provisions of law.
