📋 Tender Overview
Mr. Nguyen Canhs mother (Da Nang) has a plot of land that was granted a red cover in 1996, an area of 2,807 m2, for residential purposes, and had a house before 1975. In 2017, Mr. Canhs mother carried out procedures to gift it to him. The newly established ward did not have the handover records of the old commune (records according to Directive No. 299/TTg) of previous origin. In 1980, the land plot should be confirmed and transferred to him for 200 m2 of residential land, the remaining land for perennial crops. Now the ward has found file 299 containing that land plot. Mr. Canh asked, can he request to adjust the land use purpose due to improper allocation of residential land according to the 2013 Land Law? Because the government made mistakes when adjusting administrative boundaries and not handing over records, leading to disadvantages to citizens rights. The Ministry of Agriculture and Environment responded to this issue as follows: The 2013 Land Law has now been abolished according to the provisions of Clause 4, Article 252 of the 2024 Land Law. Currently, land management and use is carried out in accordance with the 2024 Land Law and its guiding documents. Legal basis In 2024, there is no regulation to readjust the area for which the Certificate of Land Use Rights has been issued. In Clause 6, Article 141 of the Land Law 2024, there are regulations on redefining the area of residential land, applicable to cases where the Certificate was issued before July 1, 2004. At the time of issuance of the Certificate, the land user has one of the documents specified in Clauses 1, 2, 3, 5, 6 and 7, Article 137 of the 2024 Land Law, which are not regulated in Clause 4, Article 137 of the 2024 Land Law. The Ministry of Agriculture and Environment provides information for your reference and implementation according to the provisions of the law.Chinhphu.vnRefer moreIn what cases can the area of residential land be re-determined?See moreBases for determining the area of residential land and dividing plotsSee moreReducing the area of residential land When renewing the Certificate, is it in accordance with regulations? See moreIn what cases can the area of residential land be re-determined? See moreDetermine the area of residential land according to the Certificate or cadastral map? See moreIf the Certificate is lost, is re-issuance limited to residential land area? See more Do not re-determine the area of residential land for inherited land See more When can the area of residential land be re-determined? See moreDetermining the area of residential land when issuing the Certificate land use rights
