Concept of residential land limit
The residential land limit is the residential land area limit applied when the State recognizes the right to use residential land or allocates residential land to households and individuals according to the provisions of law.
When issuing a red book, the residential land area determined within the limit or exceeding the limit will lead to different financial obligations. For the area within the limit, land users may not have to pay land use fees or if they have to pay, this amount will be calculated according to the land price list issued by the provincial People's Committee. Meanwhile, the area exceeding the limit must pay land use fees according to specific land prices, so the amount is often significantly higher.
Current limit for land allocation when issuing red books
According to the provisions of Article 195, Article 196 of the 2024 Land Law, based on land funds and actual conditions of each locality, the People's Committees at the provincial level shall prescribe the limit for land allocation and the limit for recognition of land use rights. Therefore, the residential land limit is not the same between provinces and cities.
The 2024 Land Law also clarifies how to determine the residential land area when issuing red books to households and individuals using land with legal documents according to each time frame.
For land used before December 18, 1980 or from December 18, 1980 to before October 15, 1993, if the land user has legal documents, the land is used stably, and there is no dispute, it will be recognized as residential land within the limit and will not have to pay land use fees. In case the documents do not clearly state the residential land area, the limit prescribed by the Provincial People's Committee will apply.
For land plots formed from October 15, 1993 to before August 1, 2024, the residential land area is determined according to the content stated on the documents. The remaining area will be considered and recognized by competent authorities according to the actual status of use. If a house has been built, it can be recognized as residential land but must fulfill financial obligations according to regulations; in case of use for production, business or still agricultural land, it can be recognized according to the corresponding purpose of use.
In addition, for land with gardens and ponds that have been granted a red book before July 1, 2004, land users can request a competent state agency to re-determine the residential land area when needed or when the State reclaims the land.
