Guidelines for Determining the Area of Homestead Land When Recognizing Land Use Rights from January 1, 2025, According to the Land Law 2024
Guidance on determining homestead land area when recognizing land use rights from January 01, 2025, according to the Land Law 2024?
Article 141 of the Land Law 2024 provides guidance on determining the area of homestead land when recognizing land use rights as follows:
Households and individuals currently using land with one of the types of documents on land use rights specified in Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 137 of the Land Law 2024 that indicate the purpose of use for residential, homestead land, or residential land shall have the homestead land area determined when issuing the Certificate of land use rights, ownership of assets attached to the land as follows:
* For parcels formed before December 18, 1980, the land users are not required to pay a land levy for the area determined as follows:
- For land plots with an area equal to or larger than the limit of recognized homestead land where the land use rights document explicitly states the homestead land area, the homestead land area is determined according to that document; if the homestead land area shown on the land use rights document is smaller than the homestead land recognition limit or does not clearly state the homestead land area, the homestead land area is determined by the homestead land recognition limit.
- For land plots with an area smaller than the homestead land recognition limit, the entire area is determined as homestead land.
* For parcels formed from December 18, 1980, to before October 15, 1993, the land users are not required to pay a land levy for the area determined as follows:
- For land plots with an area equal to or larger than the limit of recognized homestead land where the land use rights document explicitly states the homestead land area, the homestead land area is determined according to that document; if the homestead land area shown on the land use rights document is smaller than the homestead land recognition limit or does not clearly state the homestead land area, the homestead land area is determined by the homestead land recognition limit.
- For land plots with an area smaller than the homestead land recognition limit, the entire area is determined as homestead land.
* For parcels formed from October 15, 1993, to before the Land Law 2024 takes effect, the homestead land area is determined according to the land use rights document.
* For the remaining area of the parcel after determining the homestead land area according to Point a Clause 1, Point a Clause 2, and Clause 3 of Article 141 of the Land Law 2024, it is handled as follows:
- If a house, residential structure, and life-serving works have been built, it is identified as homestead land, and a land levy must be paid according to the law.
- If works are built for non-agricultural production, commercial, or service purposes, it is recognized as non-agricultural production establishment land, commercial land according to the actual area of the constructed works; the land use form is recognized as allocated land with a land levy for a stable long-term use period.
- If the current use is agricultural land, it is recognized as agricultural land; if the land user wishes to recognize the purpose of non-agricultural land suitable with the district-level land use planning or general planning or subdivision planning or construction planning or rural planning, it is recognized for that purpose but must pay a land levy according to the law.
The provincial People's Committee, based on local conditions and customs, specifies the homestead land recognition limit stated in Clauses 1 and 2 of Article 141 of the Land Law 2024 for cases of land use before December 18, 1980, and from December 18, 1980, to before October 15, 1993.
The determination of the homestead land area for households and individuals in the case of a land parcel with a garden, pond, or residential land certified before July 01, 2004, when the land user needs or when the State recovers land, is done as follows:
- The homestead land area is re-determined according to Clauses 1 and 2 of this Article if, at the time of previous certification, it had one of the types of documents specified in Clauses 1, 2, 3, 5, 6, and 7 of Article 137 of the Land Law 2024 and does not fall under the provisions of Clause 4 of Article 137 of the Land Law 2024, the land user does not have to pay a land levy for the re-determined homestead land area.
If the land user has transferred part of the homestead land area or the State has recovered part of the homestead land area, when determining the homestead land area again, it must deduct the homestead land area that has been transferred or recovered.
- The land area transferred to another person under the law or the land area the State has recovered is not re-determined according to Point a Clause 6 of Article 141 of the Land Law 2024.
The competent authority issuing the Certificate of land use rights, ownership of assets attached to the land as prescribed in Point b Clause 1 of Article 136 of the Land Law 2024 is responsible for re-determining the homestead land area and issuing the Certificate of land use rights, ownership of assets attached to the land for cases under Point a Clause 6 of Article 141 of the Land Law 2024.
Guidance on determining the homestead land area when recognizing land use rights from January 01, 2025, according to the Land Law 2024? (Image from the Internet)
What are the provisions for state land management according to the Land Law 2024?
According to Article 20 of the Land Law 2024, the contents of state land management include:
(1) Issuing and implementing legal documents on land management and use.
(2) Propagating, disseminating, educating, training, scientific research, technological development, and international cooperation in land management and use.
(3) Determining administrative boundaries, creating, and managing administrative boundary dossiers.
(4) Measuring, correcting, and creating cadastral maps, land use status maps, land use planning maps, and other specialized maps on land management and use.
(5) Investigating, evaluating, protecting, improving, and restoring land.
(6) Planning and managing land use planning and plans.
(7) Allocating land, leasing land, reclaiming land, recognizing land use rights, requisitioning land, and changing land use purposes.
(8) Investigating, constructing land price tables, specific land prices, and managing land pricing.
(9) Managing financial aspects of land.
(10) Compensating, supporting, and resettling when land is reclaimed or requisitioned.
(11) Developing, managing, and exploiting land resources.
(12) Registering land, creating, and managing cadastral dossiers; issuing, correcting, reclaiming, and canceling land use rights certificates.
(13) Lands statistics and inventory.
(14) Constructing, managing, and exploiting the National Land Information System.
(15) Managing and supervising the implementation of land user rights and obligations.
(16) Resolving land disputes; addressing complaints and denunciations related to land.
(17) Providing and managing public land services.
(18) Inspecting, examining, supervising, monitoring, evaluating the compliance with land law regulations, and handling land law violations.
The state land management includes 18 contents above.
When does the Land Law 2024 officially take effect?
Clause 1 of Article 252 of the Land Law 2024 stipulates its effective date as follows:
Effective date
This law takes effect from January 01, 2025, except for cases specified in Clauses 2 and 3 of this Article.
...
Thus, after the Land Law 2024 is approved at the extraordinary session of the National Assembly on January 15, 2024, the revised Land Law is expected to take effect from January 01, 2025, except for the cases specified in Clauses 2 and 3 of Article 252 of the Land Law 2024.
LawNet