According to Article 195 and Article 196 of the 2024 Land Law, based on the land fund and actual situation of the locality, the Provincial People's Committee shall prescribe the land allocation limit when granting red books.
Therefore, to know clearly the residential land limit, we must look at the decision on the limit of recognition of residential land use rights and the limit of residential land allocation of each locality.
In addition, the limit of land use rights recognition and land allocation limit in each area within the same locality are also different.
It can be seen that the land limit when granting red books between different provinces and cities, so there is no general answer for all 63 provinces and cities; to know clearly, you must look at the decision of each locality.
In addition to the above-mentioned land use right recognition limit and land allocation limit, the residential land area when granting red books and pink books is determined as follows:
Households and individuals currently using land with one of the types of documents on land use rights specified in Clauses 1, 2, 3, 4, 5, 6 and 7, Article 137 of the 2024 Land Law, and on which the document shows the purpose of use for housing, residential land or residential land, the residential land area is determined when granting the Certificate of land use rights and ownership of assets attached to land as follows:
(1) In case the land plot was formed before December 18, 1980, the land user does not have to pay land use fee for the area determined as follows:
- A land plot with an area equal to or larger than the recognized residential land limit, and the residential land area is clearly stated on the land use right documents, then the residential land area is determined according to that document; in case the residential land area shown on the land use right documents is smaller than the recognized residential land limit or the residential land area is not clearly stated, then the residential land area is determined by the recognized residential land limit.
- If the land plot has an area smaller than the recognized residential land limit, the entire area is determined to be residential land.
(2) In case the land plot was formed from December 18, 1980 to before October 15, 1993, the land user does not have to pay land use fee for the area determined as follows:
- Land plots with an area equal to or larger than the recognized residential land limit, and the residential land area is clearly stated on the land use right documents, then the residential land area is determined according to those documents.
In case the residential land area shown on the land use right documents is smaller than the recognized residential land limit or the residential land area is not clearly stated, the residential land area is determined by the recognized residential land limit.
- If the land plot has an area smaller than the recognized residential land limit, the entire area is determined to be residential land.
(3) In case the land plot was formed from October 15, 1993 to before August 1, 2024, the residential land area is determined according to the land use rights documents.
