According to Article 11 of Decision 61/2024/QD-UBND of Hanoi People's Committee, from October 7, 2024, the determination of residential land area when recognizing land use rights in Hanoi is carried out as follows:
1. Households and individuals currently 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 which the document shows the purpose of use 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: 120m2.
+ Wards of Son Tay town and township: 180m2.
+ Communes in the plains: 300m2.
+ Communes in the midland: 400m2.
+ Mountainous communes: 500m2.
2. In case a household or individual is 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 the land law, 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 is equal to the residential land recognition limit prescribed in Section 1.
- In case a household or individual has used land stably from October 15, 1993 to 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 by the residential land allocation limit determined according to the maximum level prescribed in Article 13 of the Regulations on residential land allocation limits for individuals in urban and rural areas.
3. In case a household or individual is using land that has been allocated without proper authority and in case the household or individual used 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 in the second item of section 1.
- 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 of the Regulations on land allocation limits for individuals in urban and rural areas.
- 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 of the Regulations on land allocation limits for individuals in urban and rural areas.
