Clause 2, Article 20 of Decree 49/2026/ND-CP (effective from January 31, 2026) has guided the handling of Land Use Right Certificates (red books) issued before July 1, 2004 that are not in the cases specified in Clause 6, Article 141 of the 2024 Land Law:
Article 141. Determining the area of residential land when recognizing land use rights
Households and individuals currently using land with one of the types of land use right documents specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of Article 137 of this Law that show the purpose of use for housing, residential land or residential land, the residential land area is determined when issuing a Certificate of land use rights, ownership of assets attached to land as follows:
6. The re-determination of the residential land area of households and individuals in cases where residential land plots with gardens, ponds, and residential land have been granted Certificates before July 1, 2004 when land users have needs 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 issuance of the certificate previously 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 is not subject to 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 that has been transferred or recovered must be deducted.
b) The land area of the land use right transferee according to the provisions of law or the land area that the State has recovered is not re-determined according to the provisions of point a of this clause;
The authority to re-determine the area of residential land and issue Certificates of land use rights and ownership of assets attached to land shall be implemented according to the provisions of Point i, Clause 1, Article 5 of Decree 151/2025/ND-CP effective from July 1, 2025 (expired document: March 1, 2027); And not specifically determining the area of residential land but being shown as common residential land with other land, such as "residential land", "concentrated land", "housing land", "residential land + garden", "T", "TV", "TQ", "TTT" as follows:
- Provincial People's Committees shall base on the provisions of land law through periods, the process of land management and use and the actual conditions in the locality to stipulate the determination of residential land area, and stipulate other cases where the residential land area has not been specifically determined on the issued certificate to apply the provisions of Clause 2, Article 20 of Decree 49/2026/ND-CP;
- For land use right certificates specified in Clause 2, Article 20 of Decree 49/2026/ND-CP that have been certified to have changed on the certificate, or in cases where the recipient transfers the entire land plot that has been granted a new certificate from July 1, 2004 onwards, but the residential land area has not been specifically determined on the certificate, the determination of residential land area shall be carried out according to the provisions of Point a, Clause 2, Article 20 of Decree 49/2026/ND-CP;
- In case the land use right transferee has been granted a new Certificate and the residential land area is specifically determined on the Certificate, the residential land area is not determined according to the provisions of Clause 2, Article 20 of Decree 49/2026/ND-CP;
- When land users carry out procedures for registering land changes, the competent authority issuing the Certificate of land use rights and ownership of assets attached to land is responsible for simultaneously determining the residential land area specified in Clause 2, Article 20 of Decree 49/2026/ND-CP. In case land users have a need to carry out separate procedures to determine the residential land area, they shall carry out the order and procedures prescribed by the Provincial People's Committee.
