Talking to Lao Dong Newspaper, Lawyer Quach Thanh Luc - Director of Phap Tri Law Company, Hanoi Bar Association - said that for certificates issued before July 1, 2004, people need to check the land use purpose stated on page 2 of the certificate to determine whether the residential land area or garden land is clearly stated or not?
If the certificate clearly states how much area is residential land and how much area is garden land, the determination will be convenient.
However, there are cases where the certificate does not clearly state the area of each type of land but only states the common purpose of use as residential land and garden land. Lawyer Luc cited the case of him who once advised on a land plot of 1,300m2 in Dong Anh district before.
The certificate was issued on April 5, 2003, but the land use purpose was only recorded as residential land and garden land, without specifying the location as well as the area of residential land and garden land.
According to the lawyer, the consequence is that although the land plot has been granted a certificate with a total area of 1,300m2, in the process of use, it is not possible to determine which is residential land, which is garden land, as well as the specific residential land area. This leads to obstacles when land users want to divide it for their children, or build houses because the purpose of use of each part of the area has not been clearly defined.
The question is what do people need to do to be able to convert the land use purpose of pond and garden land to residential land or re-determine the area of residential land?
Lawyer Luc said that if the land use fee in Dong Anh area is calculated at about 10 million VND/m2, then the change of land use purpose for the entire 1,300m2 may correspond to an amount of about 13 billion VND.
This is a very large amount of money. According to lawyers, many people, even if they have financial capacity, can consider before implementing land use purpose conversion. In this case, people can study and apply the provisions of law on re-determining residential land area.
Specifically, Lawyer Quach Thanh Luc cited Clause 6, Article 141 of the 2024 Land Law. Accordingly, in cases where the certificate does not clearly define the land use purpose, land users can re-determine the residential land area according to the order and procedures specified in Clauses 1 and 2, Article 141 of the 2024 Land Law.
Regarding the implementation method, according to the lawyer, people can request the commune-level People's Committee to provide cadastral records. The records may include land registration books, cadastral records or temporary land use right certificates.
These dossiers may show information about the area and purpose of land use. If the papers clearly state the residential land area, people can base it on to request competent authorities to re-determine the residential land area according to the information shown on the papers.
After that, people can carry out procedures to re-determine the residential land area according to the provisions of law and the guidance of competent authorities.
