How is the land area granted a 'red book' determined?
Ms. Le Thi Hoai Thu’s family is managing and using 3,000 square meters of land that originated from reclaimed land. Previously, the land had papers, but they were lost and her family is applying for a Land Use Rights Certificate, which only grants 300 square meters of residential land.
When Ms. Thu's family (in Lien Son town, Lak district, Dak Lak province) submitted documents to the tax authority, they were informed that the limit for granting land use right certificates in the town area according to new regulations is only 300m.2. The land she lived on and built a temporary house on was before 1993, and her house was rebuilt in 1996. The local government and neighboring households all confirmed the origin of the land to her family. Households around Ms. Thu's house who came to live at the same time or later were all granted a Land Use Right Certificate with a limit of 400m2.2land
Ms. Thu asked, in her family's case, when the Land Use Rights Certificate was granted, the residential land limit was 400m2.2or 300m2?
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Regarding this issue, the Department of Natural Resources and Environment of Dak Lak province responded as follows:
Clause 2, Article 5 of Decision No. 36/2014/QD-UBND dated October 17, 2014 of Dak Lak Provincial People's Committee stipulates: “3. In case there are no documents on land use rights as prescribed in Clauses 1, 2 and 3, Article 100 of the 2013 Land Law, but the land has been used stably before July 1, 2014, the residential land area is determined as follows:
- For communes: Area not exceeding 400m2.
- For wards and towns: Area not exceeding 300m2.
According to the reflection of Ms. Le Thi Hoai Thu, her family is currently managing and using an area of about 3,000m2Land in Lien Son town, Lak district, originating from reclaimed land (previously had documents but lost), used as temporary housing before 1993, currently has no documents according to regulations in Article 100 of the 2013 Land Law.
Pursuant to Point b, Clause 3, Article 5 of Decision No. 36/2014/QD-UBND dated October 17, 2014 of Dak Lak Provincial People's Committee, when the State considers, recognizes land use rights, and grants a Land Use Right Certificate to Ms. Le Thi Hoai Thu's family, in case the conditions for granting a Land Use Right Certificate are met according to the provisions of law, the limit for recognizing residential land is not more than 300m2.2.
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