Red books issued after 2004 can still be considered for re-determination of residential land area

A resident reflected that he was granted a Certificate of Land Use Rights for the first time in 1995. By 2025, this certificate was re-issued due to being lost, damaged or old, but the re-issuance did not change the land user or the land plot area.

When carrying out administrative procedures related to land, this person was instructed by officials that the certificate was reissued after July 1, 2004, so it is not eligible for re-determination of residential land area, so the dossier was not accepted.

From there, people raise the question of whether certificates issued for the first time before July 1, 2004 but reissued after this time will still be re-determined for residential land area or not.

Answering the above content, the Ministry of Agriculture and Environment cited point b, clause 2, Article 20 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government, detailing and guiding a number of articles of Resolution No. 254/2025/QH15 of the National Assembly on mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law.

According to regulations cited by the Ministry of Agriculture and Environment, for certificates in cases where changes have been confirmed on the certificate, or in cases where the recipient transfers the right to use the entire land plot that has been granted a new certificate from July 1, 2004 onwards but the residential land area has not been specifically determined on the certificate, the determination of the residential land area shall be carried out according to the corresponding regulations in point a of this clause.

From the above guidance, it can be understood that the case where the certificate is issued for the first time before July 1, 2004 but then reissued is not automatically excluded from the re-determination of residential land area. The consideration will be based on the current regulations cited by the Ministry of Agriculture and Environment for people to carry out procedures according to the law.