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The land plot of Ms. Duong Thi To Hiens family (Da Nang) was purchased under the liquidation sale of the house price in 1991 by the Commune Peoples Council, and was granted a Land Use Rights Certificate in 1995, land type: residential, area of 330 m2, with a house built on the land. Up to now, when confirming the residential land area, the Commune Peoples Committee believes that the sale and purchase documents have liquidated the price. Ms. Hiens familys house is not in accordance with regulations because the commune does not have the authority to allocate land. Ms. Hien asked, can the documents prescribed in Clauses 1, 2, 3, 5, 6 and 7, Article 137 of the Land Law, but previously issued without proper authority or legal process, be used as a basis for re-confirming the residential land area? The Ministry of Agriculture and Environment answers this issue as follows: The application of policies to consider and issue Certificates Recognition for households and individuals using land needs to be based on each specific case and needs to be based on local land management records, therefore, the Ministry of Agriculture and Environment has no basis to answer specifically. The Ministry of Agriculture and Environment has opinions on the following principles: Article 137 of the Land Law 2024 stipulates the issuance of Certificates in cases where households, individuals, and residential communities are using land with documents on land use rights. Accordingly, at Point n, Clause 1, Article 137 stipulates: Other documents on land use rights existing before October 15, 1993 are prescribed by the Provincial Peoples Committee in accordance with local practice. Article 138 of the Land Law 2024 stipulates the issuance of Certificates in cases where households, individuals, and residential communities are using land without documents on land use rights without violating the law. Regarding land, it does not fall into the case of land being allocated without proper authority. Accordingly, the subject of regulation of this Article is The issuance of Certificates in cases where households and individuals are using land stably without one of the documents on land use rights as prescribed in Article 137 of this Law, and not falling into the cases specified in Article 139 and Article 140 of this Law, shall be carried out according to the following provisions:. At Point a, Clause 6, Article 141 of the Land Law 2024, it is stipulated: Residents Residential land area will be re-determined according to the provisions of Clause 1 and Clause 2 of this Article if at the time of issuance of the previous Certificate there is one of the documents specified in Clauses 1, 2, 3, 5, 6 and 7, Article 137 of this Law that is not specified in Clause 4, Article 137 of this Law;.... The Ministry of Agriculture and Environment requests you to study the above regulations and send recommendations to the competent authority of the locality where the land is located. land to be considered and resolved according to the provisions of law.Chinhphu.vnSee moreConditions for redefining the area of residential land when the red book has been issued.See moreWhat documents are the basis for redefining the area of residential land?See moreRedetermining the area of residential land with land issued before 2004See moreConditions for redefining the area of residential land on the CertificateSee moreCertificate renewed later Is it possible to re-determine the area of residential land in 2004? See more Conditions for redefining residential land area according to the Land Law 2024 See more Is it possible to adjust the area of residential land issued on the Certificate? See more In what cases can the area of residential land be re-determined?
