1. Regulations on granting red books for additional land area from August 1, 2024
According to Clause 6, Article 135 of the 2024 Land Law, the principles for handling cases where there is a difference between the actual area and the area on the book are as follows:
Case 1: Land plot boundary remains unchanged
In case there is a difference in area between the actual measurement data and the data recorded on the documents prescribed in Article 137 of the 2024 Land Law or the issued Certificate of Land Use Rights, but the boundary of the land plot in use has not changed compared to the boundary of the land plot at the time of the land use rights document, the issued Certificate of Land Use Rights has no dispute with adjacent land users, then when issuing or re-issuing the Certificate of Land Use Rights, the ownership of assets attached to the land, the land area is determined according to the actual measurement data.
Case 2: The land plot boundary has changed
In case of re-surveying, if the land plot boundary changes compared to the land plot boundary at the time of the land use right documents or the issued land use right certificate and the actual measured land area is larger than the area recorded on the land use right documents or the issued land use right certificate, the larger difference in area will be considered for the issuance of a land use right certificate or certificate of ownership of assets attached to the land.
Case 3: The location is not correct compared to the location on the book.
In case the Certificate of Land Use Rights has been issued but the location is incorrect, review and reissue the Certificate of Land Use Rights and Ownership of Property Attached to the Land for the land user.
2. Instructions for handling issued red books with increased land area
According to Clause 2, Article 24 of Decree 101/2024/ND-CP guiding the issuance of Certificates of land use rights and ownership of assets attached to land (red books) for original land plots with Certificates with increased area as follows:
(1) In case the additional area is due to receiving the transfer of the right to use a part of the land plot that has been granted a Certificate but by August 1, 2024, the procedures for transferring the right to use land have not been carried out according to the provisions of law, the procedures for granting the Certificate of land use rights and ownership of assets attached to land shall be carried out for the entire area of the land plot in use; the Land Registration Office shall correct the Certificate of the party transferring the right to use land according to the provisions.
(2) In case the additional area has one of the types of land use right documents specified in Article 137 of the 2024 Land Law, the land type and area for granting the Certificate of land use right and ownership of assets attached to the land is the entire original land plot and the additional area is determined according to the provisions of Article 141 of the 2024 Land Law.
(3) In case the additional area is not specified in Point (1) and Point (2), if the conditions for granting a Certificate of land use rights and ownership of assets attached to land are met according to the provisions of Articles 138, 139 and 140 of the 2024 Land Law, the Certificate of land use rights and ownership of assets attached to land shall be granted for the entire area of the land plot in use; the land type and area for granting a Certificate of land use rights and ownership of assets attached to land shall be determined for the original land plot according to the issued Certificate and the additional area shall be determined according to the provisions of Articles 138, 139 and 140 of the 2024 Land Law.
