Answering readers of Lao Dong Newspaper, Lawyer Quach Thanh Luc - Director of Phap Tri Law Company (Hanoi Bar Association) said that there are cases where people can change the land use purpose from garden and pond land to residential land without having to pay land use fees.
According to the lawyer, people need to check the land use right certificate. In case the certificate specifically shows the residential land area and garden and pond land, but in fact the land plot has been used before December 18, 1980, the land user can request recognition of garden and pond land as residential land in the land plot with houses according to a limit equal to 5 times the residential land allocation limit.
For example, if the residential land allocation limit is 200m2, when recognized with an area 5 times the residential land allocation limit without having to pay land use fees, the area can be up to 1,000m2.
According to lawyer Quach Thanh Luc, this is an important issue, directly affecting the rights and financial obligations of land users.
Therefore, people should re-examine the issued land use right certificate and contact functional agencies to accurately determine the time of land use and the original land registration dossier status.
On that basis, land users can carry out procedures to change the land use purpose recorded on the issued certificate. If all conditions according to regulations are met, people can be recognized as garden and pond land to become residential land without having to pay land use fees.
