Residential land or any type of land is limited. In order to ensure a balance in the proportion of land types, the state has set a limit as the maximum area that a land user is recognized or allocated by the state to live in. Regulations on the recognition and allocation of residential land are important, because the residential land quota is to ensure the stability and rational use of the land fund as well as in accordance with the socio-economic development planning. . If the regulation on the recognized area of residential land is large, it will lead to an increase in the residential land fund and a decrease in the agricultural land area, thereby affecting the land fund and agricultural output. So about the matter “Regulations on resident land limit under Vietnam law”. Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Circular 23/2014/TT-BTNMT
- Circular No. 34/2014/TT-BTNMT
- Circular 28/2014/TT-BTNMT
What is residential land?
The concept of residential land as prescribed in Point 2.1 “residential land” in Section I, Appendix I promulgated together with Circular 28/2014/TT-BTNMT is as follows:
“Residential land is land for building houses and building works in service of life; garden and pond land attached to houses in the same land plot in a residential area (including the case of gardens and ponds attached to separate houses) has been recognized as residential land. Residential land includes residential land in rural areas and residential land in urban areas.
In case residential land is used for non-agricultural production and business purposes (including mixed-purpose apartment buildings), in addition to statistics according to residential land purposes, statistics must also include secondary purposes. non-agricultural production and business land.”
In which, according to Clause 1, Article 143 and Clause 1, Article 144 of the 2013 Land Law, the provisions on rural residential land and urban residential land are as follows:
– Residential land currently being used by households and individuals in rural areas, including land for construction of houses, construction of works in service of life, gardens and ponds in the same parcel of land in a rural residential area, suitable with the master plan on land use and construction planning in rural residential areas already approved by competent state agencies.
– Residential land in urban areas includes land for construction of houses, construction of works in service of life, gardens and ponds in the same parcel of land in urban residential areas, in accordance with the land use planning and regulations. urban construction plans already approved by competent state agencies.
Regulations on resident land limits under Vietnam law
Each locality will have different regulations on residential land quotas, depending on the development planning and land fund in each locality, and may change depending on the local urban development plan.
Bases for determination of residential land allocation quotas
According to Clause 2, Article 143 of the Land Law, the quota for residential land in rural areas is as follows:
“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 and individual to do business houses in rural areas; the minimum area to be divided into parcels for residential land is suitable to local conditions and practices.
With the urban residential land limit in Clause 4, Article 144 of the Land Law:
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 houses for in case the conditions are not met for land allocation under the housing construction investment project; the minimum area to be divided into parcels is for residential land.”
Authority to prescribe residential land limit
According to Article 143, Article 144 of the 2013 Land Law, it is stipulated as follows:
– Land in countryside:
Ủy ban nhân dân cấp tỉnh quy định hạn mức đất giao cho mỗi hộ gia đình, cá nhân để làm nhà ở tại nông thôn; diện tích tối thiểu được tách thửa đối với đất phù hợp với điều kiện và tập quán địa phương.
– 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.
Determination of residential land area based on residential land quota
For normal village land, the area of residential land that is recognized as residential land use right will be determined according to the prescribed residential land quota corresponding to that locality.
If the prescribed limit is exceeded, only part of the quota will be recognized, and if it is less than or equal to the quota, the determined residential land area will be the entire area of that land.
In the case of land with gardens and ponds but there is no document to determine how much residential land area is, according to Clauses 4 and 5, Article 103 of the 2013 Land Law, regulations on determining residential land areas. for residential land plots with gardens and ponds, as follows:
“ 4. In the case of a residential land plot with a garden or a pond formed from December 18, 1980 to before July 1, 2004 and the current user has one of the following land use rights documents. If the residential land area is not specified in Article 100 of this Law, the residential land area shall be determined as follows:
a) Provincial-level People’s Committees, based on local conditions and practices, shall prescribe residential land recognition quotas for each household in accordance with local practices according to the number of members in the household;
b) In case the area of the land plot is larger than the local residential land recognition quota, the residential land area shall be determined by the local residential land recognition quota;
c) In case the area of the land plot is smaller than the quota for recognition of residential land in the locality, the residential land area is determined to be the entire area of the land plot.
5. In case the land use right document is not available as prescribed in Article 100 of this Law and the land has been used stably before October 15, 1993, the residential land area shall be determined according to the level prescribed in Clause 1 of this Article. Clause 4 of this Article; in case land has been used stably since October 15, 1993, the residential land area shall be determined according to the level of residential land allocated to each household or individual specified in Clause 2, Article 143 and Clause 4, Article 144 of this Decree. This law.”
The limit of residential land is recognized for issuance of the Land Use Right Certificate
Regulations on the recognition and allocation of residential land are important, because the residential land quota is to ensure the stability and rational use of the land fund as well as in accordance with the socio-economic development planning. . If the regulation on the recognized area of residential land is large, it will lead to an increase in the residential land fund and a decrease in the agricultural land area, thereby affecting the land fund and agricultural output.
In case the residential land quota is exceeded, the recognition of land use rights and allocation of residential land shall be carried out as follows:
Pursuant to Clause 1, Article 20 of Decree 43/2014/ND-CP:
The recognition of land use rights for households and individuals who are using land stably before July 1, 2004 without one of the papers specified in Article 100 of the Land Law, Article 18 of the Land Law. This Decree and other than those specified in Clause 1, Article 101 of the Land Law, Article 23 of this Decree shall comply with the following provisions:
Land with houses and other construction works from before October 15, 1993
Households and individuals using land with houses or other construction works before October 15, 1993; is now certified by the People’s Committee of the commune where the land is located that there is no land use dispute; the use of land at the time of submission of the application for a certificate of land use rights and ownership of houses and other land-attached assets is consistent with the land use planning, detailed construction planning urban areas or planning on construction of rural residential quarters or planning on new rural construction already approved by a competent state agency (hereinafter referred to as planning) or inconsistent with the planning but used If you use land before the time of planning approval or use land in a place where there is no planning, the land use right shall be recognized as follows:
– For a land plot with houses whose area is less than or equal to the residential land recognition quota specified in Clause 4, Article 103 of the Land Law (hereinafter referred to as the residential land recognition quota), the entire area shall be area of land parcel recognized as residential land.
In case the land plot has houses and the area of the land parcel is larger than the quota for recognition of residential land, the area of recognized residential land is equal to the quota for recognition of residential land; In case the area of land for construction of houses and works in service of life is larger than the quota for recognition of residential land, the residential land area shall be recognized according to the actual area in which houses and works in service of life have been built;
– For a land plot with both houses and constructions for production, commerce or non-agricultural services, and the area of the land plot is larger than the quota for recognition of residential land, the residential land area shall be recognized according to regulations above; the remaining area for which non-agricultural production, commercial and service works have been built shall be recognized according to the actual area where such works have been built; recognized form of land use.
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Frequently asked questions
According to Clause 1, Article 4 of Decision 20/2017/QD-UBND of the People’s Committee of Hanoi, stipulating the limit for recognition of residential land use rights for residential land with gardens and ponds as prescribed in Clause 4, Article 4 of this Decree. 103 Land Law in the City, as follows:
a) Hoan Kiem, Dong Da, Hai Ba Trung, Ba Dinh, Tay Ho, Cau Giay, Thanh Xuan, Hoang Mai, Long Bien districts: 120 m2;
b) Ha Dong, Bac Tu Liem and Nam Tu Liem districts: 180 m2;
c) Son Tay town: 180 m2 wards; 300 m2 communes;
d) Communes bordering districts and townships: 200 m2;
dd) Plains communes: 300 m2;
e) Midland communes: 400 m2;
f) Mountainous communes: 500 m2.
The residential land limit for households and individuals in Ho Chi Minh City is as follows:
Districts 1, 3, 4, 5, 6, 8, 10, 11, Go Vap, Binh Thanh, Phu Nhuan, Tan Binh, Tan Phu must not exceed 160m2/household.
Districts 2, 7, 9, 12, Binh Tan, Thu Duc and townships of districts: Binh Chanh, Hoc Mon, Cu Chi, Nha Be must not exceed 200m2/household.
Urban development planning area does not exceed 250m2/household.
Can Gio district and rural residential areas in communes of Binh Chanh, Hoc Mon, Cu Chi and Nha Be districts must not exceed 300m2/household.
The difference between the case of residential land use within the quota and exceeding 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.
Conclusion: So the above is Regulations on resident land limit 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
