On the Government Electronic Information Portal, citizens ask: The mother of Mr. N.Q. H (HCMC) is named in the red book issued on June 16, 1995, area 1,632 m2, land type: TV, used for perennial crop cultivation (re-issued on December 18, 2002).
On February 2, 2018, Mr. H's family updated the inheritance registration changes for him and his younger brother (representative) due to his mother's death.
This area has houses that have been used stably since before 1995 and his mother declared and registered 500 m2 of type T land in the land registration book according to document 299/TTg.
Mr. H asked, so can you re-determine the land area for the residential land of the house?
The Ministry of Agriculture and Environment answers this question as follows:
The content of his reflection is a specific case and needs to be based on archived records, specific regulations of localities issued under their authority to consider and resolve; therefore, the Ministry of Agriculture and Environment does not have enough information and basis to answer specifically. The Ministry of Agriculture and Environment has a common opinion as follows:
According to the provisions of Clause 6, Article 141 of the 2024 Land Law, the re-determination of residential land area of households and individuals is carried out in cases where residential land plots with gardens, ponds, and residential land have been granted Certificates before July 1, 2004 and 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 of Article 137 of the 2024 Land Law.
According to the provisions of point a, clause 2, Article 20 of Decree No. 49/2026/ND-CP, for Certificates of land use rights issued before July 1, 2004 that do not fall into the cases specified in clause 6, Article 141 of the Land Law and have not specifically determined the area of residential land but are shown as residential land with other land, such as "residential land", "concentrated land", "building houses", "residential land + garden", "T", "TV", "TQ", "TTT", the determination of residential land area is carried out according to the regulations of the Provincial People's Committee.
The Ministry of Agriculture and Environment would like to provide information for you to know and contact the competent authority in the locality to be considered and resolved according to the provisions of law.
