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Mr. Nguyen Van Uyn ( Tuyen Quang ) asks: After merging 4 communes and 1 town into a new commune, is the land use purpose recorded on the land certificate for the old town area urban residential land or rural residential land?
The Ministry of Agriculture and Environment responded to this issue as follows:
According to point a, clause 3, Article 9 of the 2024 Land Law, residential land includes residential land in rural areas and residential land in urban areas.
Points a and b of Clause 1, Article 5 of Government Decree No. 102/2024/ND-CP dated July 30, 2024, detailing the implementation of some articles of the Land Law, stipulate:
"a) Residential land in rural areas is residential land within the administrative boundaries of a commune, excluding residential land where a new urban development project has been implemented according to the urban and rural system planning but still remains within the administrative boundaries of a commune;
b) Urban residential land refers to residential land within the administrative boundaries of wards and towns, and residential land within the administrative boundaries of communes where new urban development projects have been implemented according to the urban and rural system planning.
Based on the above regulations, we request that you study and implement the determination of land type in accordance with the provisions of land law, and determine the land use purpose recorded on the Certificate of Land Use Rights as stipulated in Clause 3, Article 8 of Circular No. 10/2024/TT-BTNMT dated July 31, 2024, regulating cadastral records, Certificates of Land Use Rights, and Certificates of Ownership of Assets Attached to Land.
Source: https://vtv.vn/dat-o-thi-tran-cu-co-con-la-dat-do-thi-sau-sap-nhap-100251209084006527.htm
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