Determining residential land area when recognizing land use rights

Lao Dong Newspaper Legal Consulting Office replied:

Article 141 of the 2024 Land Law (effective from August 2024) stipulates the determination of residential land area when recognizing land use rights as follows:

Households and individuals currently using land with one of the types of documents on land use rights specified in Clauses 1, 2, 3, 4, 5, 6 and 7, Article 137 of this Law, and on which the document shows the purpose of use for housing, residential land or residential land, the residential land area is determined when granting the Certificate of land use rights and ownership of assets attached to land as follows:

1. In case the land plot was formed before December 18, 1980, the land user does not have to pay land use fee for the area determined as follows:

a) A land plot with an area equal to or larger than the residential land recognition limit, and the residential land area is clearly stated on the land use right documents, then the residential land area shall be determined according to that document; in case the residential land area shown on the land use right documents is smaller than the residential land recognition limit or the residential land area is not clearly stated, then the residential land area shall be determined by the residential land recognition limit;

b) If the land plot has an area smaller than the recognized residential land limit, the entire area is determined to be residential land;

2. In case the land plot was formed from December 18, 1980 to before October 15, 1993, the land user does not have to pay land use fee for the area determined as follows:

a) A land plot with an area equal to or larger than the residential land recognition limit, and the residential land area is clearly stated on the land use right documents, then the residential land area shall be determined according to that document; in case the residential land area shown on the land use right documents is smaller than the residential land recognition limit or the residential land area is not clearly stated, then the residential land area shall be determined by the residential land recognition limit;

b) If the land plot has an area smaller than the recognized residential land limit, the entire area is determined to be residential land;

3. In case the land plot was formed from October 15, 1993 to before the effective date of this Law, the residential land area shall be determined according to the land use rights documents;

4. The remaining land area of ​​the land plot after the residential land area has been determined according to the provisions at Point a, Clause 1, Point a, Clause 2 and Clause 3 of this Article shall be handled as follows:

a) In case of construction of houses, houses and works serving life, the land is determined to be for residential purposes and land use fees must be paid according to the provisions of law;

b) In case of construction works used for non-agricultural production, business, trade and service purposes, the land for non-agricultural production facilities, commercial and service land shall be recognized according to the actual area of ​​construction; the form of land use recognized is the form of land allocation with land use fee collection, the land use term is stable and long-term;

c) In case the current land use status is agricultural land, it will be recognized as agricultural land; if the land user has a need to recognize the land for non-agricultural purposes that are consistent with the district-level land use planning or general planning or zoning planning or construction planning or rural planning, it will be recognized for that purpose but must pay land use fees according to the provisions of law;

5. The People's Committee at the provincial level shall, based on local conditions and customs, specifically prescribe the land recognition limit prescribed in Clause 1 and Clause 2 of this Article for cases of land use before December 18, 1980 and from December 18, 1980 to before October 15, 1993;

6. The re-determination of residential land area of ​​households and individuals in cases where residential land plots with gardens, ponds, and residential land have been granted certificates before July 1, 2004 when the land user has a need or when the State reclaims land is carried out as follows:

a) The residential land area is re-determined according to the provisions in Clauses 1 and 2 of this Article if at the time of granting the previous certificate, there was one of the types of documents specified in Clauses 1, 2, 3, 5, 6 and 7, Article 137 of this Law but not subject to the provisions in Clause 4, Article 137 of this Law; the land user does not have to pay land use fees for the area re-determined as residential land.

In case the land user has transferred the land use rights of a part of the residential land area of ​​the land plot or the State has recovered a 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 rights or recovered must be deducted;

b) The land area of ​​the transferee of land use rights according to the provisions of law or the land area recovered by the State shall not be re-determined according to the provisions at Point a of this Clause;

7. The competent authority that issues the Certificate of land use rights and ownership of assets attached to land as prescribed in Point b, Clause 1, Article 136 of this Law shall be responsible for re-determining the residential land area and issuing the Certificate of land use rights and ownership of assets attached to land in the case prescribed in Point a, Clause 6 of this Article.

Thus, according to the 2024 Land Law, the determination of residential land area when recognizing land use rights is regulated as above.