Reader L.N. L inherited the land from her parents. This land belonged to residential land before 1980 (habited since 1973). In 1995, the Commune People's Committee issued a red book recording the area of "residential land + garden" as 380 m2, but the actual area from the cadastral measurement results was 669.2 m2.
On December 29, 2025, Mr. L submitted procedures to revoke the Certificate issued for the first time not in accordance with the provisions of land law because the land user, the owner of assets attached to the land discovered and re-issued the Certificate after recovery at the commune-level People's Committee where he lived and was answered by land administration officials that the newly issued residential land area is 380 m2 according to the land register.
Mr. L asked if the land administration official's answer was correct? According to his investigation, residential land before 1980 without disputes or changes is entitled to 5 times the land allocation limit. Specifically, in the area where he lives, the residential land allocation limit is 200 m2. If he wants to verify the residential land area, what should he do?
The Ministry of Agriculture and Environment answers this question as follows:
It is requested that you re-examine the information according to the reflection: "In 1995, the Commune People's Committee issued a red book stating the area of "residential land + garden" is 380 m2". The case at the time of 1995 where the Commune People's Committee issued a Certificate to you is not within its authority, and falls under the case of having to revoke and reissue the Certificate according to the provisions of point d, clause 2, Article 152 of the Land Law.
Regarding the provisions of law related to the re-determination of residential land area:
Clause 6, Article 141 of the Land Law stipulates cases where residential land plots with gardens, ponds, and residential land have been granted Certificates before July 1, 2004, if at the time of previous Certificate issuance there is one of the types of documents specified in Clauses 1, 2, 3, 5, 6 and 7, Article 137 of the Land Law, when land users have a need or when the State recovers land, the residential land area is re-determined.
The Ministry of Agriculture and Environment requests you to study the above regulations, in case you are eligible to re-determine the area of residential land, please contact the competent authority in the locality for guidance on the order and procedures for implementation.
