A reader asked a question while completing land registration procedures and registering for a Certificate of Land Use Rights for 86.3 m2 of residential land in the commune.
Previously, readers were granted a Certificate of Use Rights for 2 plots of land: The first plot was recognized as 150m2 of residential land in rural and mountainous areas; The second plot is located in the residential planning area phase II, area of 67.5m2 (The State allocates land with land use fees).
Readers residing in rural and mountainous areas, with a land allocation limit according to Decision No. 48/QD-UBND dated October 15, 2024 of the People's Committee of Quang Ninh province is 400 m2/individual.
Readers ask, are 86.3 m2 that are undergoing land registration procedures and registration for granting Land Use Rights Certificates determined to be within or outside the land allocation limit?
Responding to this content, the Ministry of Agriculture and Environment replied that the review of guidance and answers on legal policies on land registration and granting of Certificates to households and individuals in specific cases according to the reader's reflection should be based on the registration and declaration records of the land user, based on the land management records and detailed regulations on the implementation of the local Land Law issued according to assigned authority.
Therefore, the Ministry of Agriculture and Environment has no basis to give a specific answer.
The Ministry of Agriculture and Environment has the following principles:
The issuance of Certificates of land use rights and ownership of assets attached to land for households and individuals using land without documents on land use rights without violating land laws, not falling under cases of land allocated without proper authority as prescribed in Article 138 of the 2024 Land Law, stipulates the determination of residential land area of the land plot for each case according to the time of land use.
The specific determination of the residential land area of a land plot when issuing a Certificate shall comply with local regulations on the limit of allocation and the limit of recognition of residential land.
The Ministry of Agriculture and Environment would like to inform readers and contact the competent authorities in the locality for guidance, completion of documents and implementation of submitting land registration documents and granting Land Use Rights Certificates.
