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Ms. Vu Thi Huongs father (Hai Phong) was granted a Joint Use Rights Certificate for a plot of residential land and a plot of pond land adjacent to each other. Mrs. Huong was given pond land by her parents before 2014. She asked, in this case, is her plot of land determined to be garden and pond land attached to residential land that was separated before 2014? The Ministry of Agriculture and Environment responded to this issue as follows: Because the content of the question does not reflect the year your fathers land use rights certificate was issued, the Ministry of Agriculture and Environment has no basis to answer specifically. The Ministry of Agriculture and Environment has the following general opinion: Clause 1, Article 98 of the 2013 Land Law, Clause 1, Article 135 of the 2024 Land Law all stipulate the principle of granting Land Use Rights Certificates: Land Use Rights Certificates are issued for each plot of land to the person with land use rights. Clause 1, Article 103 of the 2013 Land Law stipulates: Garden and pond land of households and individuals is allowed. It is determined that residential land must be in the same plot of land where there is a house. The 2024 Land Law no longer stipulates the type of garden and pond land in the same plot of land with a house on the Certificate. Clause 1, Article 3 of the 2013 Land Law stipulates: A land plot is a land area limited by boundaries determined on the ground or described on records. Clause 42, Article 3 of the 2024 Land Law stipulates: A land plot is a land area limited by descriptive boundaries. on cadastral records or determined on the ground. Item dd Point 2.3 Clause 2 Article 8 Circular No. 25/2014/TT-BTNMT regulating cadastral maps stipulates: In case of land with a garden or pond attached to a house, the boundary and boundary of the land plot is determined as the boundary of the entire area of land with a garden and pond attached to a house. Based on the above regulations, in case the land plot is determined to be garden land, Ponds attached to residential land when garden land, ponds and residential land must be located within the boundaries of the same plot of land. In case the land user discovers that the content on the issued Certificate is incorrect, please contact the commune-level land management agency for instructions on how to resolve according to the provisions of law. Chinhphu.vn See more Basis for determining that garden land and ponds are attached to residential land See more Regulations on calculating land use fees when changing the purpose from garden land, Agricultural land to residential land See more How to be granted the right to use garden land and ponds for the purpose? See more Can you be granted the right to use garden land to build a church? See more What is garden land and pond attached to a house? See more How to convert garden land into residential land, how to calculate land use fees?
