Mr. L.H.G in Hanoi shared that his family is a martyr's family, currently completing procedures to apply for the first red book.
Because there are no longer any documents related to land use rights, but after inspection, the district (old) inspectorate concluded that the land plot being used by Mr. G's family is eligible for a red book according to Article 138 of the 2024 Land Law.
According to the conclusion, the land plot originated from his ancestors; currently there are no legal documents on land use rights; the family built a house in 1960, this content is shown on the 1994 survey map; the land plot area is 485 m2.
When determining the residential land area to carry out procedures for issuing red books, his family was guided by commune land administration officials to apply Clause 2, Article 11 of Decision No. 61/2024/QD-UBND dated September 27, 2024 of the Hanoi City People's Committee.
According to Mr. G, according to point a, clause 2, Article 11, the area of residential land recognized when issuing a red book is determined according to the residential land recognition limit specified in clause 1 of this Article.
Clause 1, Article 11 of Decision No. 61/2024/QD-UBND stipulates the limit for recognizing residential land according to two time milestones:
Before December 18, 1980 and from December 18, 1980 to before October 15, 1993. Because his family's land plot originated from 1959-1960, belonging to the case of stable land use before December 18, 1980, it is applied according to point a, clause 1, Article 11.
Accordingly, the residential land recognition limit is determined to be 5 times the maximum residential land allocation limit specified in Article 13 of this Decision, but not exceeding the land plot area. The maximum residential land allocation limit in the commune (including the old commune) according to Article 13 is 180 m2.
Therefore, the maximum land recognition limit for residential land is calculated as 180 m2 × 5 = 900 m2. Meanwhile, his family's land plot has only an area of 485 m2.
Mr. G asked, in this case, is the entire area of 485 m2 of the land plot recognized as residential land or not?
Regarding this issue, the Ministry of Agriculture and Environment has the following opinions:
The content of his reflection is that the specific case is under the jurisdiction of the locality and needs to be based on the archived records, specific regulations that the locality has issued according to its authority to implement the Land Law for consideration and resolution. Therefore, the Ministry has no basis to answer. The Ministry states some regulations and principles as follows:
Current land law has specifically stipulated the issuance of certificates of land use rights and ownership of assets attached to land for the first time to households and individuals who are using land in Articles 137, 138, 139 and 140 of the Land Law.
The determination of residential land area when recognizing land use rights is specified in Article 141 of the Land Law, Clause 5 of Article 141 has stipulated that the Provincial People's Committee, based on the conditions and customs in the locality, shall specify the limits for recognizing residential land specified in Clauses 1 and 2 of this Article for cases of land use before December 18, 1980 and from December 18, 1980 to before October 15, 1993.
The Ministry of Agriculture and Environment informed him to know and research implementation.
In case there are problems or unclear issues related to Decision No. 61/2024/QD-UBND of the Hanoi People's Committee, please contact the Department of Agriculture and Environment or the Hanoi People's Committee for answers.
