Answering voters' questions about determining residential land

The 2013 Land Law stipulates that documents formed before October 15, 1993 and containing residential land are recognized as residential land, but not more than 5 times the residential land area granted by region. Photo: HQ

According to the reflection of Mr. Nguyen Duc (Khanh Thinh village, Tam Thai commune, Phu Ninh), previously his family's land was recognized as residential land and was only granted a maximum of ^300m2 of residential land according to regulations. However, there were a few cases in the commune, initially granted ^300m2 of residential land, but when they sued in court, they were granted up to ^1,500m2 . Local people are very concerned about whether they should file a lawsuit to enjoy the same benefits as households granted ^1,500m2 or not?

Responding to voters' questions, Mr. Tran Van Cu - Deputy Head of Quang Nam Land Registration Office said that the Land Law has been adjusted over time. According to Article 50 of the 2003 Land Law, in any case where the land is listed in the land registry as residential land, all residential land will be recognized.

Mr. Tran Van Cu - Deputy Head of Quang Nam Land Registration Office. Photo: HQ

Then, the 2013 Land Law, effective from July 1, 2014, stipulates that documents under Clauses 1, 2, 3, Article 100 formed before October 15, 1993 and containing residential land will be recognized as residential land. However, the recognition will not exceed 5 times the regulation on land allocation for each area. Clause 2, Article 24, Decree 43/2014 of the Government on guiding the implementation of the 2013 Land Law also clearly stipulates this issue.

Specifically, the maximum urban land area granted is ^200m2 , rural land is ^300m2 and mountainous land is ^400m2 , which will be multiplied by no more than 5 times. That is why some rural households were recognized with ^1,500m2 of residential land after filing a complaint. The authority to consider granting this residential land belongs to the district-level People's Committee.

“According to current regulations, residential land is not entirely residential land, but includes residential land and garden land. If people want to see how much residential land they are living on, they should check the land records to see if they were formed before October 15, 1993 and clearly state whether they are residential land or not. Currently, in the documents that people are storing, only records 299 formed in the period 1984 - 1989 in the old Quang Nam - Da Nang area were formed before October 15, 1993,” said Mr. Cu.

There is also another type of record formed after the Government's Decree 64/1993 on land allocation to individuals for long-term use for agricultural production purposes was issued (formed from 1994-1999). This is a cadastral record but formed after October 15, 1993, and was used to determine residential land area according to the 2003 Land Law. Therefore, when the 2013 Land Law was issued, it was put into practice and adjusted the allocation of residential land to people.

Source: https://baoquangnam.vn/giai-dap-thac-mac-cu-tri-ve-xac-dinh-dat-tho-cu-3134094.html