📋 Tender Overview
Ms. Nguyen Hiens mother (Hanoi) has a Land Use Rights Certificate issued on February 1, 2013, the origin of use was formed before 1980, an area of 324 m2, all of which are recognized as long-term rural land. In November 2024, after Ms. Hiens mother carried out procedures to re-issue a new Land Use Rights Certificate, the residential land area was reduced to 180 m2 and 144 m2 are land for growing perennial crops. Ms. Hien asked, according to which guiding document did her familys residential land quota be lowered? Is that correct? The Ministry of Agriculture and Environment responded to this issue as follows: The content of your reflection is that the specific case falls under the jurisdiction of the locality and needs to be based on archived records and specific local regulations issued under its authority to implement the Land Law for consideration and resolution; Therefore, the Ministry has no basis to respond. The Ministry would like to state a number of principles as follows: The re-determination of residential land area is carried out according to the provisions of Clause 6, Article 141, specifically as follows: 6. The re-determination of residential land area of households and individuals in cases where residential land plots have gardens, ponds, or residential land has been granted a Certificate before July 1, 2004 when the land user needs or when the State recovers the land is carried out as follows: a) The area of residential land is re-determined according to the provisions of Clauses 1 and 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 land user is not required to pay land use fees for the area re-determined as residential land. In case the land user has done so, transferring land use rights to a portion of the residential land area of a plot of land or the State has recovered a portion of the residential land area of a plot of land, when re-determining the residential land area, the portion of residential land area that has had land use rights transferred or recovered must be subtracted; research and implementation. During the process of carrying out administrative procedures on land, in case you do not agree with the results of resolving administrative procedures of the local competent authority, you have the right to complain or sue administrative decisions or administrative acts on land management according to the provisions of Article 237 of the Land Law and Article 7. Chinhphu.vn
