A land use right certificate is a record of the land area that each owner can use. However, in many cases, the land use area on paper and the actual land use area have differences in the use process. At this time, individuals and organizations using land must re-measure the actual area. This measurement will be carried out by the commune cadastral office. So about the matter “Re-measure the land area under Vietnam law”. Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
Principles of determining the boundaries of land parcels
The boundary demarcates the right to possess and use land of a land user and an adjacent land user for a certain piece of land. The land use boundary is determined by a specific boundary marker made by a state agency competent to allocate or lease land when allocating or leasing land in the field, which is recorded in the number of land allocation decisions leased land and described in the cadastral records.
Carrying out measurements in the field, applying descriptive mapping methods for the purpose of cadastral mapping, cadastral drawing maps, checking and evaluating disputes between adjacent land users according to the actual area and meet the requirements for the implementation of the certificate of land use rights, ownership of houses and other land-attached assets.
Re-measure the land area under Vietnam law
To apply for land re-measurement, you must follow the procedure for applying for land re-measurement according to Decree 43/2014/ND-CP as follows:
Step 1: The land user brings the prescribed documents to the land use right registration office. The Land Registry Office or the Department of Natural Resources and Environment will review your case and re-measure as it is the responsibility of the land registry office to update and correct the land records and database. land data, land inventory statistics specified in Article 5 of Decree 43/2013/ND-CP.
The land use right registration office shall, based on relevant documents and certifications of the People’s Committees of communes and townships, draw up a measurement contract, compile a cadastral dossier according to regulations and notify the land user. land use time down to actual inspection (measurement) according to the prescribed schedule for eligible cases, if not eligible, request the land user to supplement the dossier or return the dossier and explain Let people know why.
Components of the application for re-measurement of land area
+ An application form for certification of the deducting or splitting of a plot or a consolidation of a parcel for registration for issuance of a certificate of land use rights;
A copy of one of the papers related to the land use right as prescribed in Article 100 of the 2013 Land Law, depending on the case, including:
“a) Papers on the right to use land before October 15, 1993, issued by a competent authority during the implementation of the land policy of the Democratic Republic of Vietnam, the Government of the Forestry Revolution, and the Government of the Socialist Republic of Vietnam. the Republic of South Vietnam and the State of the Socialist Republic of Vietnam;
b) A temporary certificate of land use right granted by a competent state agency or named in the land register or cadastral book before October 15, 1993;
c) Lawful papers on inheritance or donation of land use rights or land-attached assets; papers on handing over houses of gratitude, houses of love attached to land;
d) Papers on transfer of land use rights, purchase and sale of houses attached to residential land before October 15, 1993, certified by the commune-level People’s Committee as being used before October 15, 1993;
dd) Papers on liquidation and valuation of houses attached to residential land; documents for purchase of state-owned houses as prescribed by law;
e) Papers on land use rights granted to land users by a competent agency under the old regime;
g) Other papers established before October 15, 1993 according to the Government’s regulations.
Households and individuals that are currently using land have one of the papers specified in Clause 1 of this Article in which another person’s name is written, together with a document on the transfer of land use rights with signatures of the land users. related parties, but before the effective date of this Law, the procedures for transferring land use rights have not been carried out in accordance with the provisions of law and the land is not in dispute, shall be granted a land use right certificate. ownership of houses and other land-attached assets and is not required to pay land use fees.
Households and individuals may use land according to judgments or decisions of the People’s Courts, judgment enforcement decisions of judgment enforcement agencies, written recognition of successful conciliation results, and dispute settlement decisions. If the complaint or denunciation about land by a competent state agency has been executed, a certificate of land use rights and ownership of houses and other land-attached assets shall be granted; if the financial obligations have not been fulfilled, they must comply with the provisions of law…”
Step 2: After signing the measurement and drawing contract, make a cadastral dossier; The land use right registration office arranges staff to come down to measure and check the actual according to the schedule and set up one (01) set of cadastral dossiers according to regulations.
Step 3: Land users come to liquidate the contract and receive documents at the Land Use Right Registration Office.
Do land users have to pay money after re-measurement of the land area?
Pursuant to Clause 5, Article 98 of the 2013 Land Law stipulates the difference in land area as follows: In case there is an area difference between the actual measurement data and the data recorded on paper as prescribed in Article 100 of this Law, this certificate or the issued Certificate, but the boundary of the land plot in use remains unchanged compared to the boundary of the re-measurement of the land area of the land plot at the time of obtaining the land use right document, there is no dispute with the owners. In case of using adjacent land, when granting or renewing the Certificate of land use rights, ownership of houses and other land-attached assets, the land area shall be determined according to actual measurement data. Land users are not required to pay land use fees for the larger difference, if any.
Circular 10/2018/TT-BTC dated January 30, 2018 amending and supplementing Circular 76/2014/TT-BTC guiding Decree 45/2014/ND-CP on land use levy collection Effective from March 20, 2018 has added a number of notable contents, including the collection of land use fees for the increased area due to re-measurement. Accordingly, from March 20, 2018, in case the land after re-measurement is granted a Certificate for the increased area but households and individuals already have the Certificate, they shall pay the land use fee for the land. the additional area according to the policy and land price at the time of issuance of the Certificate.
Thus, in case the actual land area is smaller than stated on the land use right certificate, the cause can be found out to solve. If the missing area is encroached upon by the adjacent land user, the request for return; If the lack is due to an error on the red book, correction can be requested and you can agree with the seller to redefine the transfer amount according to the corrected area.
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Frequently asked questions
The Land Registry Office or the Department of Natural Resources and Environment will review your case and re-measure as it is the responsibility of the land registry office to update and correct the land records and database. land data, land inventory statistics specified in Article 5 of Decree 43/2013/ND-CP.
After receiving the notice of coming to receive measurement results, the land user comes to liquidate the contract and receive the dossier at the Land Use Right Registration Office.
The land user shall submit 01 application for re-determination of residential land area at the Land Registration Office.
Where a land registration office has not been established, the district-level land use right registration office shall receive dossiers for households and individuals.
In case there is a need to submit a dossier at the commune-level People’s Committee, the commune-level People’s Committee of the locality where the land is located is the agency responsible for receiving the dossier and transferring the dossier to the competent land registration office.
Localities that have organized a one-stop-shop to receive documents and return results of administrative procedures, the receipt of dossiers and return of results will be done through the one-stop-shop according to the Decision of the Government. Provincial People’s Committee.
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