Answering voters' questions about determining residential land.

The 2013 Land Law stipulates that land documents issued before October 15, 1993, that indicate residential land are fully recognized as residential land, but not exceeding five times the area of ​​residential land granted in the area. (Photo: HQ)

According to Mr. Nguyen Duc (Khanh Thinh village, Tam Thai commune, Phu Ninh district), his family's land was previously recognized as residential land and was only allocated a maximum of ^300m² according to regulations. However, in some cases in the commune, initially allocated ^300m² of residential land, but upon appealing the case, they were granted up to ^1,500m² . Local residents are very concerned about whether they should file a lawsuit to receive the same benefits as those households who were allocated ^1,500m² .

Responding to voters' questions, Mr. Tran Van Cu, Deputy Head of the Quang Nam Land Registration Office, stated that the Land Law has undergone adjustments over time. According to Article 50 of the 2003 Land Law, if a land plot is listed as residential land in the cadastral records, then the entire plot is recognized as residential land.

Mr. Tran Van Cu - Deputy Head of the Land Registration Office of Quang Nam. Photo: HQ

Subsequently, the 2013 Land Law, effective from July 1, 2014, stipulated that documents under Clauses 1, 2, and 3 of Article 100, created before October 15, 1993 , and indicating residential land, would be fully recognized as residential land. However, this recognition would not exceed five times the land allocation regulations for each area. Clause 2, Article 24 of Government Decree 43/2014 guiding the implementation of the 2013 Land Law also clearly stipulates this issue.

Specifically, urban residential land allocation is capped at ^200m² , rural land at ^300m² , and mountainous land at ^400m² , and this amount will be multiplied by no more than five times. This is why some rural households have been granted 1,500m² ^of residential land after filing a complaint. The authority to grant this residential land rests with the District People's Committee.

“According to current regulations, residential land is not solely residential land, but includes both residential and garden land. People who want to know how much residential land they own should check their land records to see if the land was formed before October 15, 1993, and clearly states whether it is residential land. Currently, among the documents people have stored, only the 299 records, formed during the period 1984-1989 in the former Quang Nam - Da Nang area, indicate that the land was formed before October 15, 1993,” Mr. Cu stated.

There are also other types of records that were created after the Government's Decree 64/1993 on allocating land to individuals for long-term use for agricultural production purposes (created between 1994 and 1999). These are cadastral records, but created after October 15, 1993, and were previously used to determine residential land area according to the 2003 Land Law. Therefore, when the 2013 Land Law was enacted and put into practice, it adjusted the allocation of residential land to the people.

Source: https://baoquangnam.vn/giai-dap-thac-mac-cu-tri-ve-xac-dinh-dat-tho-cu-3134094.html