📋 Tender Overview
Determining the area and time of land use is based on records, documents, and papers on rights that land users have submitted during the process of implementing land registration procedures and granting previous Certificates. According to Ms. Thanh Tuyens reflection, land plot No. 15 was previously in the name of her father, Mr. Nguyen Van A, with an area of 1,000 m2 (of which 150 m2 is residential). recorded in the land registration book in 1982. During the use process, her father divided the land among his children but did not prepare documents to transfer rights. Then, according to the land use right registration application confirmed by the Peoples Committee in October 1997, the District Peoples Committee issued a Certificate of land use rights to the family members including: Mr. Nguyen Van B: Land plot number 100, area 300 m2, use purpose recorded as garden land (Vuon T), on the land there is a house built by father since 1981. Ms. Nguyen Thi C: Land plot no. 101, area 510 m2, purpose of using garden land, on land there is a house built in 1981. Mr. Nguyen Van D: Plot of land No. 102, area of 555 m2, purpose of using garden land, with house built in 1994. According to Ms. Tuyen, refer to Article 141 of the Land Law 2024, which stipulates the determination of residential land area for plots of land with gardens and ponds. depends on the time of formation of the land plot. Ms. Tuyen asked, for the above land plots, is the time of formation of the land plot determined according to the time of registration declaration and issuance of Certificate in 1997, or according to the origin of the original land plot declared in the land registration book in 1982? In this case, it is determined according to the origin of land use from 1982 (the period from December 18, 1980 to before October 15, 1993), is redefining the residential land area according to the provisions of the Land Law 2024 appropriate or not, when one of the houses on the land was built in 1994? Regarding this issue, the Ministry of Agriculture and Environment has the following opinion: Clause 6, Article 141 of the Land Law stipulates the redefinition of the residential land area of households and individuals in cases where the residential land plot has gardens, ponds, or land. Residential property that has been granted a Certificate before July 1, 2024. Accordingly, the determination of the area and time of land use is based on the records, documents and papers on rights that the land user has submitted during the process of land registration and issuance of previous Certificates. Therefore, we recommend that you contact the competent authority for guidance and resolution according to the provisions of law.Chinhphu.vnSee moreHow to determine the time of land useSee moreBasis for determining the time of stable land use when issuing red books
