A resident in Dong Nai reflected that his family had a land plot that had been granted a Certificate of Land Use Rights before July 1, 2004. However, in the process of using the land, problems arose related to re-determining the residential land area on the issued certificate.
People said that local functional agencies have opinions that this case does not meet the conditions to re-determine the area of residential land. Therefore, people requested competent authorities to provide specific guidance on relevant legal regulations.
Regarding this content, the Ministry of Agriculture and Environment said that Clause 6, Article 141 of the 2024 Land Law has stipulated the re-determination of residential land area for households and individuals in cases where land plots with gardens, ponds, and residential land have been granted certificates before July 1, 2004 when land users have needs.
According to regulations, the residential land area is re-determined if at the time of issuance of the certificate previously, the land user had one of the types of documents specified in Clauses 1, 2, 3, 5, 6 and 7 of Article 137 of the 2024 Land Law, and was not subject to exclusion according to Clause 4 of Article 137.
The Ministry of Agriculture and Environment also clearly stated that in case the land use right certificate is issued for the first time before July 1, 2004 but is later reissued, the residential land area can still be considered for re-determination according to current regulations, if the reissuance does not change the land user or the land plot area.
For cases where people believe that the certificate has been issued to the wrong subject or for the wrong purpose of land use, the Ministry of Agriculture and Environment requests to send a petition to the competent authority issuing the certificate for consideration and handling according to regulations.
In addition, this agency said that if people do not agree with the results of resolving administrative procedures of the locality, they have the right to complain or sue administrative decisions and administrative acts on land management according to Article 237 of the Land Law and Article 7 of the Law on Complaints.
The Ministry of Agriculture and Environment recommends that people contact local land management agencies to be considered, guided and resolved according to their authority for each specific dossier.
