Are pond lands that were gifted before 2014 considered residential land?

The Ministry of Agriculture and Environment has responded to citizens regarding the determination of whether pond land can be considered garden land, or whether ponds attached to residential land were gifted before 2014.

According to a citizen's complaint, their father was previously granted a land use certificate encompassing two adjacent plots: a residential plot and a pond plot. The child was then gifted the pond plot by their parents before 2014.

Based on this situation, citizens are asking: Can the aforementioned pond land be classified as garden land or pond attached to residential land if it was separated before 2014?

Illustration photo: Hong Khanh

In response to the issue, the Ministry of Agriculture and Environment stated that it could not draw a direct conclusion on this case due to a lack of information regarding the date of issuance of the certificate and the current status of the land plot.

However, the Ministry cited current legal regulations to clarify the principles for determining garden and pond land attached to residential land.

Clause 1 of Article 98 of the 2013 Land Law and Clause 1 of Article 135 of the 2024 Land Law both stipulate the principle that land use right certificates are issued for each plot of land to the person with land use rights.

Notably, Clause 1 of Article 103 of the 2013 Land Law stipulates that garden and pond land owned by households and individuals, when determined as residential land, must be located within the same plot of land where a house is already built.

Meanwhile, the 2024 Land Law no longer stipulates that garden and pond land types within the same plot of land containing a house should be shown on the land certificate as before.

Regarding the concept of "land parcel," Clause 1, Article 3 of the 2013 Land Law stipulates that it is the area of ​​land bounded by boundaries defined on the ground or described in records.

This regulation is further reinforced in Clause 42, Article 3 of the 2024 Land Law. The regulation clearly states: A land parcel is an area of ​​land bounded by boundaries described in cadastral records or determined in the field.

Furthermore, Clause 2.3, Point 2, Article 8 of Circular 25/2014/TT-BTNMT on cadastral maps states: In cases where land includes a garden and pond attached to a house, the boundary of the land parcel is determined as the boundary line encompassing the entire area of ​​land with the garden and pond attached to the house.

Based on the above, the Ministry of Agriculture and Environment affirms that a plot of land is identified as garden and pond land attached to residential land when the garden and pond land and the residential land are located within the same plot of land.

The Ministry also noted that if land users discover that the information on the issued land certificate is incorrect, they should contact the commune-level land management agency for guidance on how to handle the situation.

Source: https://vietnamnet.vn/dat-ao-duoc-cho-tang-truoc-2014-co-duoc-xac-dinh-la-dat-o-2517967.html