A resident reflected on problems related to determining the area of residential land and the time of land use for land plots in the family. According to the reflection, land plot No. 15 was previously in the name of the father with an area of about 1,000 m2, including 150 m2 of residential land, recorded in the land registration book from 1982.
After that, the father divided the land for his children but did not make transfer papers. In October 1997, family members declared and registered land use rights and were granted a Certificate of Land Use Rights by the District People's Committee.
According to the file, one person was granted land plot No. 100 with an area of about 300 m2, the purpose of use is garden land, on the land there is a house built by his father from 1981. Another person was granted land plot No. 101 with an area of about 510 m2, also garden land and has a house built from 1981.
Meanwhile, land plot No. 102 with an area of about 555 m2 was allocated to another family member, on the land there is a house built in 1994.
People said that according to Article 141 of the 2024 Land Law, the determination of residential land area for land plots with gardens and ponds depends on the time of land plot formation.
Therefore, they are concerned that the time of formation of the land plot in this case is determined according to the time of declaration and registration and issuance of the Certificate in 1997 or according to the origin of the land plot initially recorded in the land registration book in 1982.
In addition, if the time of land use is determined according to the origin from 1982 - belonging to the period from December 18, 1980 to before October 15, 1993 - is the re-determination of residential land area according to the provisions of the 2024 Land Law appropriate or not, when one of the houses on the land was built in 1994.
Regarding this issue, the Ministry of Agriculture and Environment said that Clause 6, Article 141 of the Land Law stipulates the re-determination of residential land area for land plots with gardens, ponds, and residential land that have been granted Certificates before July 1, 2024.
According to regulations, the determination of land use area and time must be based on dossiers, documents and papers on land use rights that land users have submitted when carrying out land registration procedures and issuing Certificates in the past.
Functional agencies recommend that when people have problems related to residential land area or the time of land use, they should contact the local land management agency to check specific dossiers and receive guidance on resolving them according to the provisions of law.
