Recognizing Residential Land When The Land Is Home And Garden

Question: – My house is in the suburbs, a large area and gardens and fish ponds. Please ask, when the red book is issued, how will the authorities determine the area of land?

 Nguyen Van Quoc Hung (Binh Chanh District, HCMC)

Answer: – According to Article 24 of Decree No. 43/2014 dated 15 May 2014 of the Government (detailing some articles of the Land Law), the case of land with gardens and ponds attached to houses is shown below. Before December 18, 1980, the current user has one of the papers on land use rights prescribed but the residential land area is not clearly defined in the paper, the land area is recognized. The land use fee shall not be paid by the actual area of the parcel of land in case the area of the parcel of land is less than five times the land allocation limit.

Area of residential land of households and individuals in the case of residential land with gardens and ponds which have been granted certificates before July 1, 2014

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In cases here the land area is 5 times larger than the land allocation quotas prescribed by the Land Law, the residential land area to be recognized shall not have to pay the land use levy equal to 5 times the land assignment quotas. The remaining land area, after determining the residential land area as prescribed, is currently the garden or pond which the land user requests to be recognized as residential land or other non-agricultural lands shall be granted a certificate. for that purpose and must fulfill financial obligations in accordance with the law.

In addition, the area of residential land of households and individuals in the case of residential land with gardens and ponds, which have been certified before July 1, 2014, shall be determined as follows: a / Households and fishes For the use of garden land and ponds affixed to dwelling houses which have been certified before July 1, 2014, the residential land area shall be determined as the area inscribed on the already granted certificates; b) Where, at the time of issuance of the previous certificate, the land user has one of the prescribed documents, the land area has not been re-determined in accordance with Decree 181/2004. According to Land Law 2003, the land user has a request for re-determination of the land area or when the land is recovered by the State, the land area will be re-determined in accordance with the Land Law 2013.

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