Mr. N.V.U in Tuyen Quang asked, after merging 4 communes and 1 town into a new commune, the purpose of land use recorded in the red book of the old town area is urban or rural land?
The Ministry of Agriculture and Environment responds to this issue as follows:
According to Point a, Clause 3, Article 9 of the 2024 Land Law, residential land includes rural residential land and urban residential land.
Point a, b, Clause 1, Article 5 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the Land Law stipulates:
Rural residential land is residential land within the boundary of the commune's administrative unit, except for residential land that has implemented a new urban construction project according to the urban and rural system planning but is still within the boundary of the commune's administrative unit.
Urban residential land is residential land within the boundaries of administrative units of wards and towns and residential land within the boundaries of commune administrative units that have implemented new urban construction projects according to the urban and rural system planning.
Based on the above regulations, the Ministry recommends that he study and determine the type of land in accordance with the provisions of the land law, determine the purpose of land use stated on the certificate as prescribed in Clause 3, Article 8 of Circular No. 10/2024/TT-BTNMT dated July 31, 2024 regulating cadastral records, land use right certificates, and ownership of assets attached to land.
