Question: Please ask, how is the law specifically regulating the issuance and exchange of red books when the actual area is larger than the data on paper?

Reply:

How is determining the land area on the red book different from the actual area?

According to Clause 5, Article 98, Land Law 2013 stipulates:

In case there is an area difference between the actual measurement data and the data recorded on the documents specified in Article 100 of the Land Law 2013 or the issued Certificate but the boundary of the land plot in use does not change compared to the area. The boundary of the land plot at the time of having documents on land use rights, and there is no dispute with adjacent land users, when granting or renewing the Certificate of land use rights, ownership of houses and assets, Other land areas are determined according to actual measurement data. Land users do not have to pay land use fees for the larger area difference (if any).

In case of re-measurement, the land plot boundaries have changed compared to the land plot boundaries at the time of obtaining the land use rights documents and the actual measured land area is more than the area recorded on the use rights documents. Land, the larger area difference (if any) will be considered for issuance of a Certificate of land use rights, ownership of houses and other assets attached to land according to the provisions of Article 99, Land Law 2013.

Instructions for exchanging red books when the actual area is larger than the data on paper

Clause 20, Article 2 of Decree 01/2017/ND-CP guides the issuance of red books for additional land areas compared to land use rights documents for households and individuals currently using land as follows:

In case of re-measurement and the actual area of ​​the land plot is greater than the area recorded on the issued Certificate or land use rights documents specified in Article 100, Land Law 2013, Article 18, Decree No. 43/ 2014/ND-CP and the actual land plot boundaries have changed compared to the land plot boundaries at the time of obtaining the Certificate or documents on land use rights, the issuance of a Certificate of land use rights and land use rights will be considered. Ownership of houses and other assets attached to land for the increased land area is carried out as follows:

In case the land area increases due to transfer, inheritance, or donation of land use rights that already have a Certificate.

In case the land area increases due to transfer, inheritance, or donation of land use rights that already have a Certificate, proceed as follows:

- Carry out procedures for transferring, inheriting, donating the increased land area according to the provisions of Article 79, Clause 2, Article 82 and procedures for changing the Certificate for the original land plot (land plot without area). increased land area) according to the provisions of Article 76, Decree No. 43/2014/ND-CP if the original land plot already has a Certificate of land use rights without requiring the land user to carry out land consolidation procedures. land.

The land registration office is responsible for certifying the application for reissuance or renewal of the Certificate of land use rights, ownership of housing and other assets attached to land for the increased land area and sending it to the applicant. cadastral information to the tax authority, submit for issuance of Certificate, update and adjust cadastral records, land database for the entire area of ​​land plot in use, hand over the Certificate to the grantee or send it to the Commune-level People's Committee for handover in case of submitting documents at the Commune-level People's Committee;

- Carry out procedures for transfer, inheritance, donation for the increased land area as prescribed in Article 79, Clause 2, Article 82 and procedures for granting the first Certificate for the original land plot as prescribed in Article 79, Clause 2, Article 82. 70, Decree No. 43/2014/ND-CP if the original land plot has documents on land use rights according to regulations.

The land registration office is responsible for confirming the Registration Application, issuing a Certificate of land use rights, ownership of houses and other assets attached to land for the increased land area and sending geographical information. to the tax authority, submit the Certificate, update and correct cadastral records and land database for the entire area of ​​the land plot in use, hand over the Certificate to the grantee or send it to the Commission. Commune-level People's Committee to hand over in case of submitting documents at the Commune-level People's Committee.

In case the land area increases due to transfer, inheritance, or donation of land use rights before July 1, 2014, and the additional land area has documents on land use rights

In case the land area is increased due to transfer, inheritance, or donation of land use rights before July 1, 2014, and the additional land area has documents on land use rights, proceed as follows:

- Carry out initial issuance procedures for the increased land area as prescribed in Article 70 and procedures for renewing the Certificate for the original land plot as prescribed in Article 76, Decree No. 43/2014/ND-CP If the original land plot has been issued a Certificate.

The land registration office is responsible for certifying the application for reissuance or renewal of the Certificate of land use rights, ownership of housing and other assets attached to land for the increased land area and sending it to the applicant. cadastral information to the tax authority, submit for issuance of Certificate, update and adjust cadastral records, land database for the entire area of ​​land plot in use, hand over the Certificate to the grantee or send it to the Commune-level People's Committee for handover in case of submitting documents at the Commune-level People's Committee;

- Carry out procedures for granting a Certificate for the first time as prescribed in Article 70, Decree No. 43/2014/ND-CP for the entire land plot area if the original land plot has documents on land use rights according to regulations.

In case the land area increases, there are no documents on land use rights

In case the increased land area does not have documents on land use rights, proceed as follows:

- In case the land user does not violate the law on land, consideration will be given to handling and granting a Certificate of land use rights, ownership of houses and other assets attached to land for the increased land area. further comply with the provisions of Article 20, Decree No. 43/2014/ND-CP;

- In case the land area increases due to land users violating land laws before July 1, 2014, consider handling and granting a Certificate of land use rights, housing and property ownership. Other assets attached to land for increased land area shall comply with the provisions of Article 2, Decree No. 43/2014/ND-CP;

- In case the land area increases due to the land user being allocated without authority before July 1, 2014, consideration will be given to processing and granting a Certificate of land use rights, ownership of houses and other assets. attached to land for increased land area shall comply with the provisions of Article 23, Decree No. 43/2014/ND-CP;

- Procedures for granting a Certificate for the increased land area are carried out according to the provisions of Article 70 and renewing the Certificate for the original land plot according to the provisions of Article 76, Decree No. 43/2014/ND-CP If the original land plot has been issued a Certificate.

 The land registration office is responsible for certifying the application for reissuance or renewal of the Certificate of land use rights, ownership of housing and other assets attached to land for the increased land area and sending it to the applicant. cadastral information to the tax authority, submit for issuance of Certificate after the land user has fulfilled financial obligations, update and adjust cadastral records and land database for the entire plot area Land in use, hand over the Certificate to the grantee or send it to the Commune People's Committee for handing in case of submitting documents at the Commune People's Committee.

- Procedures for granting a Certificate for the entire land plot area shall comply with the provisions of Article 70, Decree No. 43/2014/ND-CP if the original land plot has documents on land use rights according to regulations.

Note: Documents on land use rights are specified in Article 100, Land Law 2013, Article 18, Decree No. 43/2014/ND-CP.