Da Nang redefines residential land area.

TPO - Many residents hope that the city's new regulations will soon resolve long-standing issues and create greater transparency and fairness in compensation and land clearance when implementing projects in the area.

Many types of land certificates generally classify the land as "residential land".

On May 27th, the People's Committee of Da Nang City announced that it had issued a decision regulating the re-determination of residential land area for households and individuals who were granted land use right certificates before July 1st, 2004, but whose residential land area was not clearly specified.

This is seen as an important step to resolve a series of long-standing obstacles related to determining land classification, especially in compensation and resettlement when the State acquires land for projects.

According to this decision, the reassessment of residential land area applies to cases where the land certificate only lists land types together with other land types such as: "residential land", "concentrated land", "housing land", "residential land + garden", "T", "TV", "TQ", "TTT", without specifically defining the residential land area.

Specifically, for land parcels formed before December 18, 1980, if the area recorded on the land certificate is equal to or greater than the recognized residential land limit, the residential land area will be determined by the limit as stipulated in Clause 1, Article 141 of the Land Law. If it is smaller, the entire area will be recognized as residential land.

For land used from December 18, 1980, to before October 15, 1993, the principle of determination is similar to Clause 2, Article 141 of the Land Law.

Many people expect that redefining the land area for households and individuals will create greater transparency and fairness in compensation when the State reclaims land.

For land used from October 15, 1993, to before July 1, 2004, if the area recorded on the land certificate is equal to or greater than the residential land allocation limit, the residential land area will be determined according to the residential land allocation limit stipulated by the Da Nang City People's Committee; if it is smaller, the entire area will be recognized as residential land.

The remaining area after determining residential land will be handled according to the current regulations of the Land Law. The decision also clarifies that if the land user has transferred ownership or the State has reclaimed a portion of the residential land, this area must be deducted when re-determining the land use.

Addressing long-standing issues dating back to the Quang Nam era.

In fact, before its merger with Da Nang City, the former Quang Nam province had a lot of debate about whether "residential land" was actually residential land.

Many households possess old land documents stating "residential land," "collectively developed land," or "residential land + garden," but during compensation and resettlement processes, their land is not fully recognized as residential land. This leads to significantly higher compensation prices compared to the people's expectations.

Particularly during the period of implementing numerous urban, transportation, and tourism projects in Quang Nam in the past, many prolonged complaints and petitions mainly revolved around determining the land type for compensation pricing when the State reclaimed land.

In some cases, people have been using the land stably for decades, and have actual houses on it, but the land certificate does not clearly state the area of ​​residential land. This leads to authorities classifying it as garden land or other types of land, resulting in much lower compensation.

In the former Quang Nam province, determining whether "residential land" was actually residential land used to be a subject of much debate.

The former Quang Nam provincial government (according to Official Letter No. 5219/UBND-KTN of 2016) argued that "residential land" was not automatically considered "housing land." The province defined this area to include both residential and garden land. When land was reclaimed, if people wanted the entire area recognized as residential land to receive higher compensation, they had to pay a fee for changing the land use purpose for the garden land portion.

This has created a serious bottleneck, causing frustration and complaints from many households and slowing down the progress of many projects. The causes have been identified as stemming from the history of land management over many periods, inconsistent recording methods on land certificates, and the transition of land law regulations through different stages.

Therefore, the issuance of the new decision by the Da Nang City People's Committee is considered a necessary step to create a clear and unified legal basis for determining land types.

This not only helps to ensure the legitimate rights of citizens but also contributes to minimizing prolonged disputes and complaints related to land, an area that accounts for a large proportion of the total number of complaints currently.

Accordingly, the Da Nang City People's Committee assigned the Department of Agriculture and Environment to take the lead in guiding and inspecting the implementation; the commune-level People's Committees are responsible for carrying out administrative procedures to re-determine the residential land area for the people.

The Da Nang City Land Registration Office is responsible for updating cadastral records and land databases based on the resolution results; the tax authority will determine and notify financial obligations if any arise.

The reassessment of residential land area by Da Nang City not only helps ensure the legitimate rights of citizens but also contributes to minimizing prolonged disputes and complaints related to land, a field that currently accounts for a large proportion of the total number of complaints.

Source: https://tienphong.vn/da-nang-xac-dinh-lai-dien-tich-dat-o-post1846663.tpo