Regulations on determining residential land area when recognizing land use rights.

Reply:

According to Article 141 of the 2024 Land Law, households and individuals currently using land who possess one of the land use right documents specified in Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 137 of this Law, and which indicate the purpose of use as housing, residential land, or residential land, shall have their residential land area determined when issuing the Certificate of Land Use Rights and Ownership of Assets Attached to Land as follows:

1. In cases where the land parcel was formed before December 18, 1980, the land user is not required to pay land use fees for the area determined as follows:

a) For land parcels with an area equal to or greater than the recognized residential land limit, and where the land use right certificate clearly states the residential land area, the residential land area shall be determined according to that certificate; in cases where the residential land area shown on the land use right certificate is less than the recognized residential land limit or the residential land area is not clearly stated, the residential land area shall be determined by the recognized residential land limit;

b) If the land plot has an area smaller than the recognized limit for residential land, the entire area is determined to be residential land;

2. In cases where the land parcel was formed between December 18, 1980, and before October 15, 1993, the land user is not required to pay land use fees for the area determined as follows:

a) For land parcels with an area equal to or greater than the recognized residential land limit, and where the land use right certificate clearly states the residential land area, the residential land area shall be determined according to that certificate; in cases where the residential land area shown on the land use right certificate is less than the recognized residential land limit or the residential land area is not clearly stated, the residential land area shall be determined by the recognized residential land limit;

b) If the land plot has an area smaller than the recognized limit for residential land, the entire area is determined to be residential land;

3. In cases where the land plot was formed between October 15, 1993, and before the effective date of this Law, the residential land area shall be determined according to the land use right certificate;

4. For the remaining land area of ​​the plot after the residential land area has been determined according to the provisions of point a, clause 1, point a, clause 2 and clause 3 of this Article, it shall be handled as follows:

a) In cases where houses, residential buildings, and structures serving daily life have been constructed, the land is determined to be for residential purposes and land use fees must be paid in accordance with the law;

b) In cases where a structure has been built for non-agricultural production, business, trade, or service purposes, the land for non-agricultural production facilities, commercial land, or service land shall be recognized according to the actual area on which the structure has been built; the form of land use shall be recognized as land allocation with payment of land use fees, and the land use term shall be long-term and stable;

c) If the current land use is agricultural land, it shall be recognized as agricultural land; if the land user wishes to have it recognized for non-agricultural purposes and it is consistent with the district-level land use plan or general plan or zoning plan or construction plan or rural plan, it shall be recognized for that purpose but the land use fee must be paid as prescribed by law;

5. The People's Committee at the provincial level shall, based on local conditions and customs, specify the land area limits for residential land as stipulated 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;

6. The re-determination of residential land area for households and individuals in cases where the residential land plot includes a garden, pond, or residential land that was granted a certificate before July 1, 2004, when the land user has a need or when the State reclaims the land, shall be carried out as follows:

a) The area of ​​residential land shall be re-determined according to the provisions of Clauses 1 and 2 of this Article if, at the time of issuance of the previous certificate, one of the types of documents specified in Clauses 1, 2, 3, 5, 6 and 7 of Article 137 of this Law existed, but not falling under the provisions of Clause 4 of Article 137 of this Law; the land user shall not have to pay land use fees for the area re-determined as residential land.

In cases where the land user has transferred the right to use a portion of the residential land area of ​​the plot, or the State has reclaimed a portion of the residential land area of ​​the plot, when recalculating the residential land area, the portion of residential land that has been transferred or reclaimed must be subtracted.

b) The land area of ​​the land user as stipulated by law, or the land area that has been reclaimed by the State, shall not be re-determined according to the provisions of point a of this clause;

7. The competent authority that issues Certificates of Land Use Rights and Ownership of Assets Attached to Land as prescribed in point b, clause 1, Article 136 of this Law is responsible for re-determining the area of ​​residential land and issuing Certificates of Land Use Rights and Ownership of Assets Attached to Land in the cases prescribed in point a, clause 6 of this Article.