On September 29, a source of the reporter said that the Hanoi People's Committee has just issued Decision 61 regulating a number of contents related to the land sector in the area.
In particular, in Chapter II, Article 11 of this Decision stipulates the determination of residential land area when recognizing land use rights.
Accordingly, in the case of households and individuals 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 Land Law, and on such documents the purpose of use is 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:
In case the land plot was formed before December 18, 1980, the land recognition limit prescribed in Clause 1, Article 141 of the Land Law is determined by 5 times the maximum land allocation limit prescribed in Article 13 of this regulation (but not exceeding the land plot area).
In case the land plot was formed from December 18, 1980 to before October 15, 1993, the land recognition limit prescribed in Clause 2, Article 141 of the Land Law is determined as follows:
Inner city districts 120 m2; Wards of Son Tay town and townships 180 m2; Communes in the plains 300 m2; Communes in the midlands 400 m2; Communes in the mountainous areas 500 m2.
In the case of households and individuals using land without 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 Land Law, without violating land laws and not falling into the case of land being allocated without proper authority, the residential land area is determined when granting the Certificate of land use rights and ownership of assets attached to land as follows:
In case a household or individual has used land stably before October 15, 1993, the residential land area determined when granting the Certificate of land use rights and ownership of assets attached to land shall be equal to the residential land recognition limit prescribed in Clause 1 of this Article.
In case a household or individual has used land stably from October 15, 1993 to before July 1, 2014, the residential land area determined when granting the Certificate of land use rights and ownership of assets attached to land shall be equal to the residential land allocation limit determined according to the maximum level prescribed in Article 13.
In the case of households and individuals using land allocated without proper authority and in the case of households and individuals using land in violation of land law before July 1, 2014, the residential land area is determined when granting the Certificate of land use rights and ownership of assets attached to land as follows:
In case the land has been used stably before October 15, 1993, it shall be determined according to the land recognition limit prescribed in Point b, Clause 1 of this Article.
In case the land has been used stably from October 15, 1993 to before July 1, 2004, it shall be determined according to the maximum land allocation limit prescribed in Article 13.
In case the land has been used stably from July 1, 2004 to before July 1, 2014, it shall be determined according to the minimum land allocation limit prescribed in Article 13.
This Decision takes effect from October 7, 2024.
