A resident in Da Nang reflected that his family has provided many documents to the commune-level People's Committee to request a re-determination of the residential land area because the land originated from use before 1993. However, local authorities believe that these documents are not sufficient grounds for consideration and resolution.
Regarding this issue, the Ministry of Agriculture and Environment said that the re-determination of residential land area has been stipulated in Article 141 of the 2024 Land Law.
According to the Ministry of Agriculture and Environment, the residential land area is re-determined if at the time of issuance of the Certificate previously, the land user had one of the types of documents specified in Clauses 1, 2, 3, 5, 6 and 7 of Article 137 of the 2024 Land Law and did not fall into the cases specified in Clause 4 of this Article.
Examined documents include documents on land use rights issued by competent authorities through periods; purchase, sale, transfer, inheritance, donation documents; land registration documents, land registers, land registers or other types of documents according to land law regulations.
The Ministry of Agriculture and Environment also said that resolving each specific case is under the authority of local authorities because it must be based on archived records, the current status of land use and the actual land management process. Therefore, central agencies do not have a basis to make specific conclusions for each individual record.
According to current regulations, in case the residential land area is re-determined, land users are not required to pay land use fees for the area re-determined as residential land. However, if a part of the area has been transferred or recovered by the State, that part of the area must be deducted when re-determined.
Many cases currently arise problems due to incomplete old documents, information on cadastral records through periods not being consistent, or there have been land changes after issuing Certificates.
The Ministry of Agriculture and Environment recommends that people carefully compare land records and contact local land management agencies for guidance and consideration for settlement in accordance with legal regulations.
