Decision 73/2024 on the land area limit allocated to religious organizations in Ho Chi Minh City, Vietnam has been issued

Decision 73/2024 on the land area limit allocated to religious organizations in Ho Chi Minh City, Vietnam has been issued (Internet image)

Decision 73/2024 on the land area limit allocated to religious organizations in Ho Chi Minh City, Vietnam has been issued

On October 11, 2024, the People's Committee of Ho Chi Minh City issued Decision 73/2024/QD-UBND regulating the land area limit allocated to religious organizations in Ho Chi Minh City, Vietnam.

This Decision stipulates the land area limits for religious organizations and subordinate religious organizations authorized by the State to operate in Ho Chi Minh City as per the regulations in Clause 4, Article 213 of the Land Law 2024.

This Decision applies to the following subjects:

- Religious organizations and subordinate religious organizations authorized by the State to operate (hereinafter referred to as religious organizations, subordinate religious organizations) that need land use as prescribed in Clause 2, Article 213 of the Land Law 2024.

- State agencies involved in processing land allocation dossiers for religious organizations and subordinate religious organizations.

Specifically, the land allocation limits for religious organizations and subordinate religious organizations in the City area are as follows:

- The area comprising Binh Chanh, Cu Chi districts, and Thu Duc city: not exceeding 5,000 m² of land.

- The area comprising Hoc Mon district, Binh Thanh district, Go Vap district: not exceeding 3,000 m² of land.

- The remaining districts and areas: not exceeding 1,000 m² of land.

In cases where religious organizations, subordinate religious organizations need land use exceeding the above prescriptions, based on the land fund, planning, and land use plans approved by a competent authority, the City People's Committee will consider and decide on the land area allocated for each specific case.

Determination of homestead land area upon recognition of land use rights in Vietnam

For households, individuals currently using land with one of the documents on land use rights as specified in Clauses 1, 2, 3, 4, 5, 6, and 7, Article 137 of the Land Law 2024 that indicate the purpose of use for residential, homestead land, or residential land, the homestead land area is determined when issuing the Certificate of Land Use Rights, Ownership of Assets Attached to the Land as follows:

(1) In cases where the parcel is formed before December 18, 1980, the land user is not required to pay land levy for the area determined as follows:

- If the land parcel area is equal to or larger than the homestead land recognition limit as recorded in land use documents, the homestead land area is determined according to such documents; if the homestead land area shown in the said documents is less than the homestead recognition limit or not specified, the homestead land area is determined by the homestead recognition limit.

- If the land parcel area is smaller than the homestead recognition limit, the entire area is recognized as homestead land.

(2) In cases where the parcel is formed from December 18, 1980, until before October 15, 1993, the land user is not required to pay land levy for the area determined as follows:

- If the land parcel area is equal to or larger than the homestead land recognition limit as specified in land use documents, homestead land is determined according to those documents; if the homestead land area shown is less than the homestead land recognition limit or unspecified, the homestead land area is determined by the homestead recognition limit.

- If the land parcel area is smaller than the homestead recognition limit, the entire area is recognized as homestead land.

(3) In cases where the parcel is formed from October 15, 1993, until before August 1, 2024, the homestead land area is determined according to land use documents.

(4) For the remaining land area of the parcel after determining the homestead land area as prescribed in Point A, Clause 1, and Point A, Clause 2 and Clause 3, Article 141 of the Land Law 2024, it is treated as follows:

- If residential or residential and life-supporting structures have been built, it is considered homestead land and the land levy is imposed according to law.

- If structures for non-agricultural production, commercial or service purposes have been built, it is recognized as non-agricultural production establishment land, commercial land according to the actual built area; the land use is recognized as being allocated land with land levy, the land use term is long-term stable.

- If the current status is agricultural land, it is recognized as such; if the land user needs it recognized for non-agricultural land purposes and it fits the district-level land use, general or subdivision planning, or rural construction planning, it may be recognized for that purpose subject to land levy according to law.

(5) Provincial People's Committees, referring to local conditions and customs, stipulate specific homestead recognition limits for land usage before December 18, 1980, and from December 18, 1980, until before October 15, 1993, as per Clauses (1) and (2).

(6) Reassessing homestead land area for households, individuals concerning parcels with gardens, ponds, and residential land that were certified before July 1, 2004, at the user's request or if land is withdrawn by the State is conducted as follows:

+ Homestead land area is reassessed according to Clauses (1) and (2) if previously certified according to one of the documents specified in Clauses 1, 2, 3, 5, 6, and 7, Article 137 of the Land Law 2024, not under Clause 4, Article 137; users are not charged land levy for the reassessed homestead area.

If the land user has transferred part of the homestead land use rights or the State has withdrawn part of the homestead land, the reassessed homestead area must deduct the transferred or withdrawn homestead area;

+ The area transferred to others according to law or what the State has withdrawn is not reassessed under Point A, Clause 6;

- Relevant authorities issue the Certificate of Land Use Rights, Asset Ownership attesting to the reassessed homestead land area and issue a certificate for the case specified at Point A, Clause 6, Article 141 of the Land Law 2024.

(Clause 141 Land Law 2024)

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