Mr. N.H. G in Quang Ninh asked, is it possible to register a residential land limit lower than the maximum residential land limit according to local regulations if the land originates from encroachment but is eligible for the first red book issuance?
In Mr. G's locality, the maximum residential land limit is 200 m2, so can he only register 100 m2?
The Ministry of Agriculture and Environment answers this question as follows:
Clause 1, Article 135 of the 2024 Land Law stipulates that red books are issued for each land plot to people with land use rights who have needs and meet the conditions according to the provisions of the Land Law.
Article 25 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government stipulates basic land investigation; registration and issuance of certificates of land use rights, ownership of assets attached to land and land information systems stipulates the issuance of certificates to households and individuals who are using land with land encroachment or land occupation.
Regarding the limit for recognition of residential land, the limit for allocating residential land is regulated by the Provincial People's Committee in Clause 5, Article 141, Clause 2, Article 195, Clause 2, Article 196 of the Land Law.
Based on the above regulations, the case he proposed is not grounded for resolution.
In case in the process of carrying out procedures for registration and issuance of certificates of land use rights and ownership of assets attached to land for the first time, households and individuals have a need to record land use fees, they are allowed to record debts according to the provisions of Clause 11, Article 18 of Decree No. 101/2024/ND-CP (amended and supplemented according to the provisions of Point a, Clause 3, Article 3 of Decree No. 226/2025/ND-CP dated August 15, 2025).
