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Mr. Nguyen Huu Giang (Quang Ninh) asked, if the land has encroached origin but is eligible to be issued a Certificate of Land Use Rights for the first time, can the residential land limit be registered lower than the maximum residential land limit according to local regulations? In Mr. Giangs locality, the maximum residential land limit is 200 m2, so can he only register 100 m2? The Ministry of Agriculture and Environment answered the question. This is as follows: Clause 1, Article 135 of the Land Law 2024 stipulates that Certificates of land use rights and ownership of assets attached to land are issued for each plot of land to people with land use rights who need and meet the conditions according to the provisions of the Land Law. In Article 25, Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government regulates basic land surveys; registration and issuance of Certificates of land use rights, ownership of assets attached to land and the Land Information System regulates the issuance of Certificates to households and individuals that are using land originating from land encroachment or land occupation. Regarding the recognition limit of residential land, the limit of residential land allocation is prescribed by the Provincial Peoples Committee in Clause 5, Article 141, Clause 2, Article 195, Clause 2, Article 196 of the Land Law. Based on the above regulations, the case He suggested that there is no basis for settlement. In case during the process of carrying out registration procedures and issuance of Certificates of land use rights and ownership of assets attached to land for the first time, a household or individual needs to debit land use fees, they will be debited according to the provisions of Clause 11, Article 18 of Decree No. 101/2024/ND-CP (amended and supplemented according to the provisions of Point a, Clause 3, Article 3 of Decree No. 226/2025/ND-CP dated August 15, 2025).Chinhphu.vnRecognition limit for residential land for land used before 1980 January 13, 2026 11:25If you want to lower the residential land limit, what are the procedures? November 20, 2025 10:05 Residential land limit for land reclaimed before December 18, 1980 November 2, 2025 10:05 Residential land allocation limit when issuing red books July 17, 2025 08:00 Recognition of residential land limit when granting land use rights June 9, 2025 11:02
