Guidance on Procedures for Re-determining Homestead Land Area

Based on the regulations at Point b, Clause 5, Article 24 of Decree 43/2014/ND-CP:

In the case where at the time of issuing the previous Land Use Right Certificate (LURC), the land user had one of the documents stipulated in Clauses 1, 2, and 3 of Article 100 of the Land Law and Article 18 of this Decree, but the homestead land area had not been determined according to the regulations in Clauses 2, 3, and 4 of Article 103 of the Land Law, Clause 3 of this Article, and had not been re-determined according to the regulations at Points b and c Clause 1 Article 45 of Decree No. 181/2004/ND-CP dated October 29, 2004, of the Government of Vietnam implementing the Land Law 2003, now the land user submits an application requesting re-determination of the homestead land area or when the State recovers the land, the homestead land area shall be re-determined according to the regulations in Clauses 2, 3, and 4 of Article 103 of the Land Law and Clause 3 of this Article; households and individuals are not required to pay land levy and are compensated when the State recovers the land for the re-determined homestead land area.

According to this regulation, households and individuals have the right to request re-determination of the homestead land area that was issued a red book in the case where the parcel was issued a red book before July 1, 2014, and at the time of issuance, they had documents on land use rights but were jointly issued for both garden land and ponds. That is, the homestead land area at the time of issuance of the red book had not been specifically determined as how many square meters; the red book only recorded the total land area including homestead land, garden land, and ponds.

Regarding dossier and procedures, according to Clause 6, Article 7 of Circular 33/2017/TT-BTNMT:

The dossier submitted when carrying out the procedures for re-determining the homestead land area for households and individuals who have been issued a Land Use Right Certificate includes:

- Land and land-attached asset variation registration application according to Form No. 09/DK;

- Original Land Use Right Certificate.

Place of dossier submission: submit at the commune-level People’s Committee or directly at the Land Registration Office.

Note: In the case of re-determining the homestead land area, households and individuals are not required to pay land levy.

Respectfully!