Mr. Nguyen Van Hung, a resident of Dong Anh district, Hanoi, owns a plot of land measuring approximately 28 square meters, which he has peacefully possessed since 2002. Mr. Hung intends to apply for a land-use right certificate (commonly known as a “red book” in Vietnam), but he is concerned that the land area might be too small to meet the requirements for certification.
Mr. Hung’s query pertains to the minimum land area required to obtain a land-use certificate, according to current legislation.
What is the minimum land area required for a land-use certificate? Illustrated by Hong Khanh.
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Attorney Le Van Kien, head of the Anh Sang Cong Ly Law Office, clarified that the Land Law of 2024 dictates that this matter is contingent on specific circumstances. The following are the pertinent provisions:
For initial land-use certificate applications:
Case 1: Article 137 of the Land Law of 2024 stipulates the issuance of land-use rights certificates and ownership of assets attached to the land for households, individuals, and community dwellers who possess land-use documents.
Case 2: Article 138 of the Land Law of 2024 addresses the issuance of land-use rights certificates and ownership of assets attached to the land for households and individuals who do not possess land-use documents but do not violate land-related laws and are not in unlawful land allocation situations.
Case 3: Article 140 pertains to the issuance of land-use rights certificates and ownership of assets attached to the land for households and individuals who are allocated land beyond the authorized jurisdiction.
None of the above cases for initial land-use certificate applications stipulate a minimum land area requirement.
However, in the case of a new land-use certificate due to land division, according to Clause 2, Article 220 of the Land Law of 2024, in addition to the principles and conditions stipulated in Clause 1, Article 220, the following conditions must be met:
– Post-division land lots must comply with the minimum area standards for the type of land being used, as stipulated by the Provincial People’s Committee.
– If the divided land lot is smaller than the allowable minimum division area, it must be merged with the adjacent land lot.
– In the case of changing the purpose of using a part of the land lot, perform a land division, and the minimum area of the land lot after the division must be equal to or greater than the minimum area of the type of land after the purpose has changed. For land lots with residential land and other land, it is not mandatory to perform a land division when changing the purpose of using a part of the land lot, unless the land user requests a land division.
– In the case of dividing the right to use land according to the judgment or decision of the Court, if the division does not guarantee the conditions, area, and size of the division as prescribed, no division shall be made.
Additionally, Clause 1, Article 146 of the Land Law of 2024, provides an exception for land lots smaller than the minimum area required for a land-use certificate. It states that a certificate may still be granted if the following condition is met:
The land lot in question was formed before the effective date of the Provincial People’s Committee’s regulations on the minimum area for land division, and while the land lot’s area is smaller than the prescribed minimum, it satisfies the conditions for the issuance of a land-use rights certificate and ownership of assets attached to the land.
Y Nhụy
– 05:00 23/05/2025
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