In fact, there are many cases where the actual land area is different and not the same as the land area in the red book. So about the matter “Redo the red book when the area changes in Vietnam” How will the land area on the red book differ from the actual area? Let’s find out with LSX in the article below.
Legal grounds
- Decree 43/2014/ND-CP
- Land Law 2013
How will the land area on the red book differ from the actual area?
In Clause 5, Article 98 of the Land Law 2013 stipulates:
– In case there is a difference in the area between the actual measurement data and the data recorded on the paper specified in Article 100 of the Land Law 2013 or the issued certificate, but the boundary of the land plot being used remains unchanged compared to that of the land plot. With the boundary of the land plot at the time of having the land use right documents, there is no dispute with the adjacent land users, when granting or renewing the Certificate of land use right, ownership of houses and assets, Other assets attached to land The land area is determined according to actual measurement data. Land users are not required to pay land use fees for the larger difference, if any.
– In case of re-measurement, the boundary of the land parcel has changed compared to the boundary of the land parcel at the time of obtaining the land use right document and the actual measured land area is larger than the area recorded on the land use right paper. If the area is used for land, the larger difference (if any) will be considered for a certificate of land use rights, ownership of houses and other land-attached assets as prescribed in Article 99 of the Land Law 2013.
Accordingly, if the area on the red book is different from the actual area, the case will be settled as follows:
– Case 1: The boundary of the land plot does not change compared to the boundary of the land parcel at the time of obtaining the land use right papers, there is no dispute with the adjacent land users, the actual area shall be determined. economic;
– Case 2: There is a change in the boundary of the land plot compared to the boundary of the land plot at the time of having the land use right papers and the actual measured land area is more than the area stated in the land use right papers then the larger difference (if any) will be considered for a red book.
Principles of granting Red Book if there is additional land
Pursuant to the provisions of Article 98 of the Land Law 2013, the principles for granting certificates of land use rights and ownership of houses and other land-attached assets are as follows:
• In case there is an area difference between the actual measurement data and the data recorded on the paper specified in Article 100 of this Law or the issued Certificate, but the boundary of the land parcel being used remains unchanged from the boundary of the land parcel at the time of having the land use right document, and there is no dispute with the adjacent land users, when granting or renewing the Certificate of land use right, house and property ownership Other land-attached land areas are determined according to actual measurement data. Land users are not required to pay land use fees for the larger difference, if any.
• In case of re-measurement, the boundary of the land plot has changed compared to the boundary of the land parcel at the time of obtaining the land use right document and the actual measured land area is larger than the area recorded in the land use right document. In case of land use, the larger difference (if any) shall be considered for issuance of a certificate of land use rights and ownership of houses and other land-attached assets as prescribed in Article 99 of the Land Law 2013. .
Redo the red book when the area changes in Vietnam
The procedure to redo the red book to record according to the actual area (in case the boundary of the land plot does not change) is carried out according to the following steps:
Pursuant to the provisions of Clause 24, Article 1 of Decree No. 148/2020/ND-CP, when measuring and re-determining the area and size of the land plot, the actual area of the land parcel is smaller than the area on the Certificate. then the land user may change the Certificate to determine the area according to the actual measurement data.
- Step 1: Submit your application
According to Clause 1, Article 10 of Circular 24/2014/TT-BTNMT, households and individuals need to prepare 1 set of documents, including:
An application form for replacement, made according to Form No. 10
The original of the issued Certificate (Red Book, Pink Book).
Households and individuals shall submit their application for replacement at the People’s Committee of the commune, ward or township where the land is located, if required. Or choose one of the following two ways to apply:
In localities where one-stop shops have been established to receive and return results of administrative procedures, households and individuals shall submit dossiers at the one-stop-shop according to regulations of the provincial-level People’s Committees. Normally, it will be submitted at the district-level one-stop shop where the land is located (district, district, town, provincial city, city under central authority).
If the locality has not yet established a one-stop shop, the application shall be submitted directly at the district-level land registration office branch or directly at the district-level land use right registration office if the locality has not yet established a district-level land registration office. land registration office.
- Step 2: Receipt of application
If the dossier is incomplete or invalid, within a maximum of 03 days, the application-receiving and processing agency must notify and guide the applicant to supplement and complete the dossier as prescribed.
If the application is complete and valid, write all information in the application receipt book and give the receipt to the applicant (with the date of return of results).
- Step 3: Resolve the request
- Step 4: Return the result
If the application is submitted anywhere, the results will be returned there and a new Certificate must be given to the land user within no more than 3 working days from the date of the settlement result.
Processing time for red book renewal: No more than 7 working days from the date of receipt of valid dossiers; no more than 17 days for communes in mountainous, island, deep-lying, remote areas with difficult or extremely difficult socio-economic conditions. The case of issuing and exchanging certificates at the same time for many land users due to re-drawing of the map is not more than 50 working days.
Red book re-doing fee: The fee for red book re-doing is regulated by the People’s Councils of provinces and cities, so the fee will be different. Although the rates vary, in fact all provinces collect less than 100,000 VND.
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Please see more
- Is farmland granted a red book under Vietnam law?
- The red book is granted the wrong land plot in Vietnam
- How does it cost to make a red book of reclaimed land in Vietnam?
Frequently asked questions
In case there is an area difference between the actual measurement data and the data recorded on the paper as prescribed in Article 100 of the Land Law 2013 or the issued Certificate, but the boundary of the land parcel being used remains unchanged from With the boundary of the land plot at the time of obtaining the land use right document, there is no dispute with the adjacent land users, the land user is not required to pay land use levy for the larger area difference. if.
In case of re-measurement, the boundary of the land parcel has changed compared to the boundary of the land parcel at the time of obtaining the land use right document and the actual measured land area is larger than the area recorded on the land use right paper. land, the land user must pay land use levy for the larger difference. Depending on the locality, there are different fees; the tax authority will notify the land user of the amount they have to pay.
Article 19 of Decree 43/2014/ND-CP stipulates the cases in which the red book is not granted in Vietnam as follows:
Organizations or communities that are allocated land by the State for management in the cases specified in Article 8 of the Land Law.
Persons who are managing and using agricultural land belonging to the public land fund of communes, wards or townships.
Land users who lease or sub-lease land, except for the case of leasing or sub-leasing land from investors in infrastructure construction and business in industrial parks, industrial clusters, export processing zones, and high-tech zones , economic sector.
The recipients of land contracts in agricultural and forestry farms, agricultural and forestry enterprises, protection forest management boards, and special-use forest management boards.
Current land users are not eligible for certificates of land use rights, ownership of houses and other land-attached assets.
A land user is eligible for a certificate of land use rights and ownership of houses and other land-attached assets but has received a notice or decision on land recovery from a competent state agency.
Organizations and commune-level People’s Committees that are allocated land by the State without collection of land use levy for the purpose of constructing public works, including roads, water and petrol, oil and gas pipelines; power transmission lines, information transmission; outdoor entertainment area; Cemeteries and graveyards are not for commercial purposes.
Red book is the word that people often use to call the certificate of land use right based on the color of the certificate; The land law has so far not provided for the Red Book.
Currently, the Land Law 2013 and guiding documents inherit the name of the new Certificate, specifically:
A certificate of land use rights and ownership of houses and other land-attached assets is a legal document for the State to certify land use rights and ownership of houses and other land-attached assets. legal rights of people with land use rights, house ownership and ownership of other land-attached assets (according to Clause 16, Article 3 of the 2013 Land Law).
Conclusion: So the above is Redo the red book when the area changes in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
