Bases for recognition of residential land areas, for land used before 1975
According to Mr. Le Ty (in Da Nang Province), Clause 2, Article 103 of the 2013 Land Law stipulates that the residential land plot with gardens and ponds was formed before December 18, 1980 and its users for land with one of the land use right papers specified in Clauses 1, 2 and 3, Article 100 of this Law, the residential land area shall be determined according to that paper.
Clause 2, Article 24 of Decree No. 43/2014 / ND-CP stipulates thatDocuments serving as bases for determination of residential land areas under Clauses 2, 3 and 4, Article 103 of the Land Law are those showing one or several use purposes, including housing or residential land purpose.
On the other hand, according to Point b, Clause 2, Article 18 of Decree No. 43/2014 / ND-CP, Lists of lawful land use cases that are made by commune-level People’s Committees or commune level land and field registration councils or district- or provincial-level land administration agencies;
At present, Mr. Ty's family land was formed before liberation (1975), listed in the summary of legal land use cases made by the People's Committee of Hoa Phuoc Commune according to Directive No. 299-TTg in the sheet. Map No. 6 with the declared area of 2,638 m2; the type of land is T-shaped (Residential) land.
Mr. Ty would like to ask, when he applies for a land use right certificate, is he recognized the whole area of residential land, or if he is only recognized 5 times of the residential land quota and the rest is only recognized as annual crops land.?
The Ministry of Natural Resources and Environment answers this issue as follows:
Pursuant to the provisions of Point b, Clause 2, Article 18 of the Government's Decree No. 43/2014 / ND-CP dated May 15, 2014 detailing the implementation of a number of articles of the Land Law, the case of are using stable land that is listed in the summary sheet of legal land use cases prepared by the Commune People's Committee or the Commune Land Registration Council or the District or Provincial Land Management Authority before the October 15, 1993 in the process of land registration in accordance with Directive No. 299-TTg of November 10, 1980 of the Government’s Prime Minister on the work of land measurement, classification and registration of land statistics, in the case of having papers on land use rights specified in Article 100 of the Land Law.
About the symbol of soil type is the letter "T"
According to the provisions of Decision No. 56-ĐKTK dated November 5, 1981 of the General Department of Land Administration, promulgating the regulations on the procedures for registration of land statistics in the whole country, the type of land recorded in the field register. Land and inventory books are represented by symbols as prescribed in the land statistics summary.
The type of land with the symbol "T" of the land statistics summary issued together with Decision No. 56-DKTK is defined as "land in residential areas" - as construction land in urban residential areas. And rural areas, except for agricultural cultivation, ponds and lakes, villages and hamlets which have been measured separately, including: Residential land and land for construction of works serving the interests of the entire population in the fields of culture and health. Education, sports, resort, tourism; offices, mass organizations, religion, treasures, agricultural and forestry facilities such as livestock barns, repair stations...
From October 12, 1989, the land area statistics table was re-regulated according to Decision No. 237 / QD-LB of August 3, 1989 of the General Department of Land Management and the General Statistics Office; in which, the type of "residential land" was previously defined to be divided into "residential land" (including urban residential land and rural residential land) and "special-use land" (including construction land. construction, land for roads, irrigation land ...) is provided with code and symbols for land statistics and inventory.
On August 26, 1993, the General Department of Land Administration issued Official Letter No.54 / ĐC directing the temporary application of regulations on the establishment of cadastral maps and on July 27, 1995, the General Department of Land Administration issued Decision No. 499-QD / ĐC providing for the form of cadastral book, land itemizing book, land use right certificate, land change monitoring book; in which, specifying the type of land with "residential purpose" denoted by the letter "T", land for construction of each type of work has its own symbol.
By: Online Newspaper of the Government / Translator: HaiYen-Bizic
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