Sending a question to the Hanoi City e-Portal, reader Xuan Vinh raised a question: In 1997, I was granted a land plot with an area of 51m2. Due to financial difficulties, I transferred 20m2 to a adjacent land plot. In 2003, when submitting the application for a Certificate of Residential Land Ownership, due to errors, I did not submit a land transfer certificate (without notarization), so I was granted a Certificate of House Ownership and Residential Land Use Rights (red book) by the Cau Giay District People's Committee for a land plot with an area of 51m2.
The adjacent land plot was granted a red book (including the land area I transferred) in 2005.
So, to apply for a red book re-issuance with the land area I am actually using from 1997 to now, which is 31m2, what procedures do I need to carry out? Do I have to request the court to issue a ruling to revoke the old red book to be eligible for a new red book re-issuance?
It's a bit of a bit of a bit of a bit of a bit of a bit.
Hanoi City Center for Communication, Data and Digital Technology answers: Clause 6, Clause 7, Article 141 of the 2024 Land Law stipulates the re-determination of residential land area of households and individuals as follows:
6. The re-determination of the 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 land users have a need or when the State recovers land is carried out as follows:
a) The residential land area is re-determined according to the provisions of Clauses 1 and 2 of this Article if at the time of issuing the certificate, there was one of the types of documents specified in Clauses 1, 2, 3, 5, 6 and 7 of Article 137 of this Law that did not fall under the provisions of Clause 4 of Article 137 of this Law; land users are not required to pay land use fees for the area re-determined as residential land.
In case the land user has transferred land use rights to a part of the residential land area of the land plot or the State has recovered a part of the residential land area of the land plot, when re-determining the residential land area, the residential land area transferred or recovered must be deducted;
b) The land area of the land user transferee according to the provisions of law or the land area that the State has recovered shall not be re-determined according to the provisions of point a of this clause;
7. The competent authority issuing Certificates of land use rights, ownership of assets attached to land as prescribed in point b, clause 1, Article 136 of this Law is responsible for re-determining the area of residential land and issuing Certificates of land use rights, ownership of assets attached to land for cases specified in point a, clause 6 of this Article.
Readers please compare with the above regulations to carry out procedures. At the same time, contact the Branches of land registration offices for specific guidance.
