Guidance on determination of homestead land area when recognizing land use rights in Hanoi, Vietnam

Guidance on determination of homestead land area when recognizing land use rights in Hanoi, Vietnam (Internet image)

On September 27, 2024, the Hanoi People's Committee issued Decision 61/2024/QD-UBND regulating certain contents in the field of land in Hanoi, Vietnam.

Guidance on determination of homestead land area when recognizing land use rights in Hanoi, Vietnam

Article 11 of the Regulation issued with Decision 61/2024/QD-UBND regulates the determination of homestead land area when recognizing land use rights in Hanoi, Vietnam from October 7, 2024 as follows:

(1) Households and individuals currently using land with one of the documents on land use rights stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 137 of the Land Law 2024, where such documents indicate the purpose for housing, 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:

- In case the parcel was formed before December 18, 1980, the recognition limit of homestead land stipulated in Clause 1 of Article 141 of the Land Law 2024 is determined as five times the maximum homestead land allocation limit stipulated in Article 13 of this Regulation (but does not exceed the parcel area).

- In case the parcel was formed from December 18, 1980, to before October 15, 1993, the recognition limit of homestead land stipulated in Clause 2 of Article 141 of the Land Law 2024 is determined as follows:

+ Inner districts: 120 m²;

+ Town-level wards and commune-level towns under Son Tay district: 180 m²;

+ Societies in the plains: 300 m²;

+ Societies in the midlands: 400 m²;

+ Societies in the mountainous areas: 500 m².

The classification of societies for the basis of determining homestead land recognition limit for each region is stipulated in Appendix 01 issued with this Regulation.

(2) In the case of households and individuals currently using land without one of the documents on land use rights stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 137 of the Land Law 2024 without violating land laws, and not in the case of land being granted without the proper authority, the homestead land area is determined when issuing the Certificate of Land Use Rights, Ownership of Assets attached to the land as follows:

- For households and individuals who have been using land stably before October 15, 1993, the homestead land area is determined when issuing the Certificate of Land Use Rights, Ownership of Assets attached to the land based on the recognition limit of homestead land stipulated in (1).

- For households and individuals who have been using land stably from October 15, 1993, to before July 1, 2014, the homestead land area is determined based on the maximum homestead land allocation limit stipulated in Article 13 of this Regulation.

(3) In the case of households and individuals using land granted without the proper authority and households and individuals using land violating land laws before July 1, 2014, the homestead land area is determined when issuing the Certificate of Land Use Rights, Ownership of Assets attached to the land as follows:

- For land used stably before October 15, 1993, the recognition limit of homestead land is determined according to point b, Clause 1, Article 11 of this Regulation.

- For land used stably from October 15, 1993, to before July 1, 2004, the homestead land area is determined based on the maximum homestead land allocation limit stipulated in Article 13 of this Regulation.

- For land used stably from July 1, 2004, to before July 1, 2014, the homestead land area is determined based on the minimum homestead land allocation limit stipulated in Article 13 of this Regulation.

More details can be found in Decision 61/2024/QD-UBND which comes into force in Vietnam from October 7, 2024.

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