Mr. Thai asked, can he now bring the Certificate to the commune to carry out procedures to re-determine the residential land area (this land is registered according to Directive 299/TTg as 500 m2 of "T" shaped land)?

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

The content of your reflection is a specific case under the jurisdiction of the locality and needs to be based on the archived records, specific regulations issued by the locality under the authority to implement the Land Law for consideration and resolution; therefore, the Ministry has no basis to respond. The Ministry would like to present some principles as follows:

The re-determination of residential land area is carried out according to the provisions of Clause 6, Article 141 of the Land Law, specifically:

"6. The re-determination of residential land area of households and individuals in the case of residential land plots with gardens, ponds, and residential land that have been granted a Certificate before July 1, 2004 when the land user has a need or when the State reclaims the land is carried out as follows:

a) The residential land area is re-determined according to the provisions of Clause 1 and Clause 2 of this Article if at the time of granting the previous Certificate, there is one of the types of documents prescribed in Clauses 1, 2, 3, 5, 6 and 7, Article 137 of this Law but not under the provisions of Clause 4, Article 137 of this Law; the land user does not have to pay land use fees for the area re-determined as residential land.

In case the land user has transfer of land use rights to a part of the residential land area of the land plot or the State has recovered a part of the residential land area of the land plot, then when re-determining the residential land area, the residential land area that has been transferred or recovered must be subtracted;

b) The land area of the transferee of land use rights according to the provisions of law or the land area that has been recovered by the State shall not be re-determined according to the provisions in Point a of this Clause;".

The Ministry of Agriculture and Environment informs you to be informed and study for implementation.