A case reflecting problems related to determining land type and land recognition limits when carrying out procedures for issuing Land Use Right Certificates for the first time after merging administrative units. According to the reflection, the residential area was previously a town, but after rearrangement, the administrative unit was identified as a mountainous commune.
People are wondering in this case, when making a red book for the first time, is the residential land recognition limit applied according to the limit of the mountainous area or not.
Regarding this content, the Ministry of Agriculture and Environment said that in point a, clause 3, Article 9 of the 2024 Land Law, residential land is divided into residential land in rural areas and residential land in urban areas.
The Ministry of Agriculture and Environment further cited the provisions in points a, b, clause 1, Article 5 of Decree 102/2024/ND-CP, which have been amended and supplemented in clause 1, Article 13 of Decree 49/2026/ND-CP, in which residential land in rural areas is defined as residential land within the scope of administrative units at commune level and special zones, except for some cases belonging to new urban projects according to the approved plan.
From this regulation, the Ministry of Agriculture and Environment said that after arranging administrative units, the area under the commune will be identified as residential land in rural areas.
Regarding the land recognition limit for residential land, the Ministry of Agriculture and Environment said that Clause 5, Article 141 of the Land Law stipulates that this authority belongs to the Provincial People's Committee. Therefore, the determination of the land limit for residential land recognized after merging administrative units is under the authority of the Hanoi City People's Committee in the case mentioned.
Thus, whether to apply residential land recognition limits according to mountainous areas or not is not determined by the people themselves, but must be based on regulations issued by the Provincial People's Committee for the area after the merger.
The Ministry of Agriculture and Environment requests people if they still have problems related to the land recognition limit when issuing Certificates, to contact the local land management agency for guidance and information according to regulations.
