Citizens should ask the Ministry of Agriculture and Environment whether determining the area of residential land exceeding the limit in Hanoi is based on the total actual residential land area in use by individuals at the time of issuance of the Certificate, or must it be included in the area of residential land that has been transferred, divided into plots and granted a separate Certificate ( fulfilling financial obligations) from previous years?
Regarding this content, the Ministry of Agriculture and Environment said: According to the provisions of Clause 6 of Article 141 of the Land Law, in case the land user has transferred the land use right for part of the residential land area of the land plot, when re-determining the residential land area, the residential land area that has transferred the land use right must be deducted.
At the same time, the current land law has also assigned the People's Committees at the provincial level to base on local conditions and practices to specifically regulate the limit for recognizing residential land (Clause 5, Article 141 of the Land Law), the limit for allocating residential land (Articles 195, 196 of the Land Law) to households and individuals.
The Ministry of Agriculture and Environment informs citizens to know and research and implement. In case of problems related to determining residential land use limits according to the regulations of Hanoi City, citizens should contact the City People's Committee or the Hanoi Department of Agriculture and Environment for answers according to their authority.
