Regulations on determining the area of residential land when inheriting land originating from before 1980

Reader D. T. T asked: "You inherited 2,500m2 of land from your father in 2019. The land originated before 1980. Previously, your father registered a residential land area according to Directive No. 299/TTg, with an area of 2,800 m2, and had a red book.

Mr. T asked, now that he inherits, is he still allowed to re-certify the residential land area according to Directive No. 299/TTg? If so, what documents are needed?

The Ministry of Agriculture and Environment answers this question as follows:

The content of his reflection is a specific case and needs to be based on cadastral records, specific regulations of the locality issued by thẩm to consider and resolve; therefore, the Ministry of Agriculture and Environment does not have enough information and basis to answer specifically. The Ministry of Agriculture and Environment would like to state some principles as follows:

Based on the provisions of Clause 6, Article 141 of the 2024 Land Law, the land plot is re-determined as residential land area when the following conditions are met:

Is residential land plot with garden, pond, residential land (formerly);

Certificate issued before July 1, 2004;

The land plot before issuing the Certificate (previously) already had one of the types of documents specified in Clauses 1, 2, 3, 5, 6 and 7 of Article 137 of the 2024 Land Law;

Not land receiving land use rights transfer.

Thus, in case of meeting the conditions according to the above regulations, he can simultaneously carry out inheritance procedures and procedures to re-determine the residential land area.

Currently, Clause 1, Article 15 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government has assigned provincial-level People's Committees to regulate the order and administrative procedures on land for implementation.

Therefore, the Ministry of Agriculture and Environment requests him to contact or send a recommendation for guidance to the commune-level People's Committee or the Department of Agriculture and Environment where the land is located for guidance on implementation.

The Ministry of Agriculture and Environment informed him.

See the original here.