Now the State recovers the land and proposes Mr. Huong's family to redefine the residential land limit. Mr. Huong studied the Land Law and Decree No. 43/2014/ND-CP and found that his family did not have to redefine the residential land quota (because the certificate clearly stated the residential land area).

Mr. Huong asked, is it correct for the local government to ask his family to redefine the area of residential land?

The Ministry of Natural Resources and Environment responded to this issue as follows:

Regarding the determination of residential land area in case the land use right certificate has been granted before July 1, 2014, Clause 5, Article 24 of Decree No. 43/2014/ND-CP stipulates as follows:

"5. The residential land area of households and individuals in the case of residential land plots with gardens or ponds that have been granted certificates before July 1, 2014 is determined as follows:

a) Households and individuals using land plots with gardens and ponds attached to houses that have been granted a Certificate before July 1, 2014, the residential land area is determined to be the area stated in the granted certificate.

b) The case at the time of issuance of the previous certificate that the land user has one of the papers specified in Clauses 1, 2 and 3, Article 100 of the Land Law and Article 18 of this Decree, but the residential land area has not been determined according to the provisions of Clauses 2, 3 and 4, Article 103 of the Land Law, and Clause 3 of this Article and has not been redefined according to the provisions of Points b and c, Clause 1, Article 45 of the Government's Decree No. 181/2004/ND-CP dated October 29, 2004 on the implementation of the 2003 Land Law, the land user now has an application to redefine the residential land area or when the State recovers the land, the residential land area shall be re-determined according to the provisions of Clauses 2, 3 and 4, Article 103 of the Land Law and Clause 3 of this Article; households and individuals do not have to pay land use levy and will be compensated when the State recovers land for the area that has been redefined as residential land.

At the time his family was granted the Certificate of Land Use Right (October 5, 1995), the issuance of the Certificate of Land Use Right, the content on the Certificate is made in accordance with Decision No. 201-QD/DKTK dated July 14, 1989 of the General Director of the General Department of Land Management on the promulgation of regulations on issuance of land use right certificates, Circular No. 302/TT-DKTK dated October 28, 1989 of the General Department of Land Management guiding the implementation of decisions on the grant of land use right certificates. Accordingly, the content "purpose of use" is shown on page 2 of the Certificate as follows:

"+ For individuals: Record according to the type of land identified for each plot according to the cadastral book".

According to regulations on cadastral books promulgated together with Decision No. 499QD/DC dated July 27, 1995 by the Director of the General Department of Cadastral Land, the type of land with "For residential purposes" is represented by the symbol "T" in the cadastral books; land inventory book; book of issuance of land use right certificates; and land change monitoring book. 

However, according to the provisions of Article 54 of the 1993 Land Law: "Based on the local land fund, the People's Committees of provinces and centrally run cities decide on the amount of land that each rural household can use for living in accordance with the Government's regulations for each region, but not exceeding 400 m2; for places where it is customary for many generations to live in the same household or have special natural conditions, the level of residential land may be higher, but must not exceed twice the level prescribed for that area.

Therefore, the amount of land that each rural household can use to live in during the implementation of the 1993 Land Law is specified by the Provincial People's Committee on the basis of the above provisions.

As Mr. Huong’s question related to the settlement of specific administrative procedures within the jurisdiction of the locality where the land is located. Therefore, the Ministry of Natural Resources and Environment provided information for him to contact the branch of the land registration office where the land is located for specific instructions in accordance with the law.