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Determining the area of residential land when recognizing land use rights is stipulated in Article 141 of the Land Law. Clause 5, Article 141 stipulates that the Provincial Peoples Committee, based on local conditions and customs, specifically stipulates the limit for recognition of residential land. Is land purchased from the commune since 1995 recognized as residential land? Basis for determining urban and rural land If you want to lower the residential land limit, What are the procedures? Is the reduction in residential land area when renewing the Certificate in accordance with regulations? Residential land limit for land reclaimed before December 18, 1980 In what cases can the residential land area be re-determined? Mr. Le Ha Giangs family (Hanoi) is a family of martyrs, currently completing procedures to apply for a Certificate of Land Use Rights for the first time. Due to no longer keeping documents related to land use rights, after inspection, the District Inspectorate (old) concluded that the land plot Mr. Giangs family is using is eligible to be granted a Land Use Rights Certificate according to Article 138 of the Land Law 2024. According to the conclusion, the land plot originated from his father; Currently there are no legal documents on land use rights; The family has built a house since 1960, this content is shown on the 1994 survey map; The land plot area is 485 m2. When determining the residential land area to carry out procedures for granting a Land Use Rights Certificate, his family was instructed by the commune cadastral officer to apply Clause 2, Article 11 of Decision No. 61/2024/QD-UBND dated September 27, 2024 of the City Peoples Committee. Hanoi. According to Mr. Giangs understanding, stipulated in Point a, Clause 2, Article 11, the area of residential land recognized when granting a Certificate of Land Use Rights is determined according to the residential land recognition limit specified in Clause 1 of this Article. Clause 1, Article 11 of Decision No. 61/2024/QD-UBND stipulates the residential land recognition limit according to two timelines: (i) before December 18, 1980 and (ii) from December 18, 1980 to before October 15, 1993. Because his familys land plot originated from 1959-1960, and was in the case of stable land use before December 18, 1980, it is applied according to Point a, Clause 1, Article 11. Accordingly, the residential land recognition limit is determined by 5 times the maximum residential land allocation limit specified in Article 13 of this Decision, but does not exceed the area of the land plot. The maximum residential land allocation limit in communes (including old communes) according to Article 13 is 180 m2. Therefore, the maximum residential land recognition limit is calculated as 180 m2 x 5 = 900 m2. Meanwhile, his familys plot of land only has an area of 485 m2. Mr. Giang asked, in this case, the entire area of 485 m2 of the plot of land is recognized as residential land or not? Regarding this issue, the Ministry of Agriculture and Environment has the following opinion: 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 according to the authority. the right to enforce the Land Law for consideration and resolution; Therefore, the Ministry has no basis to respond. The Ministry stated a number of regulations and principles as follows: Current land law specifically regulates the issuance of Certificates of land use rights and ownership of assets attached to land for the first time to households and individuals using land in Articles 137, 138, 139 and 140 of the Land Law. Determination of residential land area when recognizing land use rights is prescribed in Article 141 of the Land Law, in Clause 5 of Article 141 has stipulated that the Provincial Peoples Committee, based on local conditions and practices, specifically stipulates the limit for recognition of residential land specified in Clauses 1 and 2 of this Article for cases of land use before December 18, 1980 and from December 18, 1980 to before October 15, 1993. The Ministry of Agriculture and Environment will inform you and study and implement, in case there are any problems or not. clearly related to Decision No. 61/2024/QD-UBND of the City Peoples Committee. Hanoi, please contact the Department of Agriculture and Environment or the City Peoples Committee. Hanoi for answers. Chinhphu.vn See moreResidential land limit for land reclaimed before December 18, 1980 See moreResidential land limit when re-issuing the Certificate See moreResidential land allocation limit when issuing red book
