Previously, Mr. Thinh was granted a Certificate of Land Use Rights for 2 plots of land: the first plot was recognized as 150 m2 of residential land in rural and mountainous areas, the second plot was located in the residential planning area phase II, with an area of 67.5 m2 (the State allocated land with land use fees).

Mr. Thinh is a permanent resident in a rural and mountainous area, with a land allocation limit according to Decision No. 48/QD-UBND dated October 15, 2024 of the People's Committee of Quang Ninh province of 400 m2/individual.

Mr. Thinh asked, is the 86.3 m2 he is doing land registration procedures for, and is the registration for the issuance of a Certificate of Land Use Rights determined to be within or outside the residential land allocation limit?

The Ministry of Agriculture and Environment responds to this issue as follows:

The consideration of guidance and response to legal policies on land registration and issuance of Certificates to households and individuals for specific cases as reflected by you must be based on the registration and declaration records of land users, based on land management records and documents detailing the implementation of the Land Law issued by localities under assigned authority, therefore, the Ministry of Agriculture and Environment has no basis to respond specifically. The Ministry of Agriculture and Environment has the following principled opinion:

The issuance of Certificates of land use rights and ownership of assets attached to land for cases where households and individuals are using land without documents on land use rights without violating the law on land, and are not in cases where land is allocated without proper authority as prescribed in Article 138 of the Land Law. Accordingly, it stipulates the determination of residential land area of the land plot for each case according to the time of land use.

The specific determination of residential land area of the land plot when granting the Certificate is implemented according to local regulations on the allocation limit and recognition limit of residential land.

The Ministry of Agriculture and Environment would like to inform you and contact the competent authority in the locality for guidance, completion of the dossier and submission of land registration dossier, issuance of Certificate.