People when using residential land must comply with the provisions of the law on land. One of the conditions that must be met to legally use residential land is that people must comply with regulations related to residential land quotas. So about the matter “Limit of residential land under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
Limit of residential land under Vietnam law
Residential land quota is the limit on the residential land area used by a competent state agency when recognizing the right to use residential land or allocating residential land.
Although it is a limit on residential land, it does not mean that when recognizing land use rights (granting a land use right certificate), people are only granted a certificate for a smaller residential land area. or equal to the quota, instead people will still be granted a Certificate for the entire area of the land plot if they are eligible for a book (issued in excess of the quota).
The difference between the case of issuance of books within the limit and over the limit is that the land use levy must be paid and calculated in different ways, specifically:
– May not have to pay land use fees; In case of payment, the land use levy shall be calculated according to the land price in the land price list promulgated by the People’s Committee of the province (province or city under central authority).
– For the allocated area in excess of the quota, the land use fee must be paid and calculated according to the specific land price, so the payable amount will be higher if the same area unit is used.
For example: If the land area is 50m2, the same location of the land plot is priced at 1 million VND/m2, the land use fee in and out of the limit is calculated as follows:
– Within the limit: Payable land use fee = 50m2 x 01 million VND = 50 million VND.
– Exceeding the limit: The land use fee allocated in excess of the limit must be multiplied (x) by the coefficient K, and the K coefficient when the limit is exceeded is always greater than 1. Assuming the K coefficient is 1.3, the money Land use fees must be paid as follows:
Land use fee payable = 50m2 x 01 million VND x 1.3 = 65 million VND.
How is the residential land limit classified?
The current residential land quota includes two types of quotas, which are recognition quotas for residential land and land allocation quotas.
Limit of recognition of residential land
The current land law only stipulates how to determine the residential land area for a parcel of land with gardens and ponds as follows: For the case of a residential land plot with gardens and ponds formed from December 18, 1980 to before dated July 1, 2004 and the current user has one of the papers on land use rights specified in Article 100 of the 2013 Land Law, but the document does not specify the residential land area, the residential land determined by the People’s Committee of the province, based on local conditions and practices, stipulating the quota for recognition of residential land for each household in accordance with local practices according to the number of people in the household. family.
Residential land allocation limit
For residential land in the locality: based on the local land fund and the rural development planning approved by the competent state agency, the People’s Committee of the province shall stipulate the quota of land allocated to each household. families and individuals to build houses in rural areas; minimum area to be divided into residential land in accordance with local conditions and practices.
For residential land in urban areas: The People’s Committee of the province shall, based on the land use planning, urban construction planning and local land fund, stipulate the quota of residential land allocated to each household or individual. build houses by themselves, if the conditions are not met for land allocation under housing construction investment projects; Minimum area to be divided for residential land.
The limit of residential land is regulated by which agency?
Article 143, Article 144 of the 2013 Land Law, specifically:
– Land in countryside:
Provincial-level People’s Committees shall stipulate quotas of land allocated to each household or individual to build houses in rural areas; the minimum area to be divided into parcels of land in accordance with local conditions and practices.
– Land in urban areas:
Provincial-level People’s Committees, based on land use planning, urban construction planning and local land fund, shall stipulate the quota of residential land allocated to each household or individual to build their own housing for schools. if the conditions are not met for land allocation under the housing construction investment project; Minimum area to be divided for residential land.
How is the residential land limit regulated in accordance with the regulations in 2022?
The residential land allocation quota is different from the regulations on the agricultural land quota. If the agricultural land quota is classified according to each type of agricultural land; and the defined area is classified by delta; midland mountains. The limit for allocation of residential land will be according to the regulations on the limit in each locality.
Land in countryside
Residential land used by households and individuals in rural areas; including: land for housing construction; building works in service of life, gardens and ponds in the same land plot; consistent with the land use planning; construction planning of rural residential quarters already approved by competent state agencies.
According to Clause 3, Article 143 of the 2013 Land Law; based on the local land fund; rural development planning approved by competent state agencies. Provincial-level People’s Committees stipulate land quotas for each household and individual as follows:
– Residential land used by households and individuals in rural areas; including land for housing construction; to build works in service of life, gardens, and ponds in the same land plot in rural residential areas, in accordance with the master plan on land use and construction planning of rural residential areas already approved by competent state agencies approval authority.
– Based on the local land fund; and rural development planning approved by competent state agencies. Provincial-level People’s Committees shall stipulate quotas of land allocated to each household or individual to build houses in rural areas; Minimum area to be divided for residential land in accordance with local conditions and practices
The allocation of residential land in rural areas in the planning; the land use plan must be synchronized with the planning of public works; non-business works ensuring convenience for production and people’s life; environmental sanitation and towards rural modernization. At the same time, it is also encouraged that the State adopt policies to create conditions for people living in rural areas to have accommodation on the basis of making use of land in available residential areas and limit the expansion of residential land on agricultural land through change of land use purpose.
Land in urban areas
Pursuant to Article 144 of the 2013 Land Law, residential land in urban areas is regulated as follows:
– Residential land in urban areas includes land for construction of houses, construction of works in service of life, gardens and ponds in the same land plot in urban residential areas; consistent with the land use planning; urban construction planning already approved by competent state agencies.
– Residential land in urban areas must be arranged synchronously with land used for construction of public works and non-business works; ensure environmental sanitation and modern urban landscape.
– The State has planning on land use for housing construction in urban areas; have policies to create conditions for people living in urban areas to have a place to live.
– Provincial People’s Committees shall base themselves on land use planning; urban construction planning and local land fund; stipulate the quota of residential land allocated to each household or individual to build their own house in case the conditions are not met for land allocation under the housing construction investment project; Minimum area to be divided for residential land.
– The conversion of residential land to land for construction of production and business establishments must conform to master plans, plans on land use and urban construction planning already approved by competent state agencies; and comply with the regulations on order, safety and protection of the urban environment.
Accordingly, residential land in urban areas includes: land for housing construction; building works in service of life, gardens and ponds in the same land plot; consistent with the land use planning; urban construction planning already approved by competent state agencies. Provincial People’s Committees will base themselves on land use planning; urban construction planning and land fund of their respective localities. In order to set out regulations on the quota of residential land allocated to each household and individual to build their own houses in case they are not eligible for land allocation under housing construction investment projects.
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Frequently asked questions
According to the Land Law 2013, the People’s Committees of provinces and centrally run cities are the competent agencies to prescribe residential land quotas.
What is the residential land limit when issuing the Red Book?
According to the current law, the limit of residential land when issuing Red Book and Pink Book varies between provinces and cities, so there is no common answer for all 63 provinces and cities; Want to know clearly have to look in the local decision.
If the land area is larger than the quota, only the land area equal to the quota will be recognized. If the land area is smaller than the quota, the entire area will be recognized even if it is less than the minimum area to be divided if the land use right certificate is eligible.
Conclusion: So the above is Limit of residential land under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
