Ms. Thanh Tuyen reflected on problems related to determining the area and time of land use for land plots in her family. According to her, land plot No. 15 was previously registered in her father's name, Mr. Nguyen Van A, with an area of 1,000 m2, including 150 m2 of residential land, recorded in the land registration book in 1982.
During the use, her father divided the land to his children but did not prepare transfer papers. After that, according to the land use right registration application certified by the District People's Committee in October 1997, the District People's Committee issued Certificates of Land Use Rights to family members.
Mr. Nguyen Van B was granted land plot No. 100 with an area of 300 m2, the purpose of use is garden land, on the land there is a house built by his father from 1981.
Ms. Nguyen Thi C was granted land plot No. 101 with an area of 510 m2, which is also garden land and has a house built since 1981. Meanwhile, Mr. Nguyen Van D was granted land plot No. 102 with an area of 555 m2, with the purpose of garden land use, on the land there is a house built in 1994.
According to Ms. Tuyen's investigation, Article 141 of the 2024 Land Law stipulates that the determination of residential land area for land plots with gardens and ponds depends on the time of land plot formation.
Therefore, she wondered whether the time of formation of the land plot in this case was determined according to the time of registration and issuance of the Certificate in 1997 or according to the origin of the initial land plot declared in the land registration book in 1982.
In addition, she also asked: If the time of land use is determined according to the origin from 1982 - 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, 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 area as well as the time of land use must be based on dossiers, documents and papers on land use rights that land users have submitted in the process of land registration and issuance of Certificates in the past.
The Ministry of Agriculture and Environment requests people to contact competent authorities in their localities to be considered for specific dossiers and guided to resolve them in accordance with the law.
