The Ministry of Natural Resources and Environment clarifies the collection of measurement fees when issuing and exchanging red books even though the area remains unchanged

Huy Hùng |

Voters recommend having to re-measure and pay the measurement fee when issuing and exchanging the red book even if the area does not change.

The Ministry of Agriculture and Environment received a petition from voters in Dong Thap province with the following content: When issuing and exchanging the Certificate (from red book to pink book), even if the land area has not changed and only expired, it is still necessary to re-measure and pay the survey fee; recommended that the Ministry of Agriculture and Environment inspect and rectify the collection of survey fees, ensuring compliance with regulations.

Regarding this proposal, the Ministry of Agriculture and Environment has the following opinion: The issuance of Certificates to households and individuals when the land use term expires is carried out in accordance with the provisions of Article 64 (land use term), Article 65 (confirmation of continued land use) of Decree No. 102/2024/ND-CP.

Accordingly, if the land user does not request to issue a new Certificate, the competent authority will confirm the change of land use term on the issued Certificate without having to carry out the procedures for re-measurement of the land plot.

In case the land user needs to issue a new Certificate of land use rights and ownership of assets attached to land, based on the provisions of Point a, Clause 3, Section VI, Point C, Part V, Appendix I issued with Decree No. 151/2025/ND-CP, the Land Registration Office does not have to conduct measurements and re-determination of the land plot area if it is in the following cases:

(1) The land plot has been granted a Certificate according to a cadastral map or a cadastral map extract (except in cases where the land user has a need);

(2) The issued certificate does not use a cadastral map or a cadastral map extract of a land plot but is located where there is a cadastral map (in this case, only cadastral map extract is used).

The measurement of a land plot is only carried out in places where there is no cadastral map or only a paper cadastral map that is torn, damaged, and cannot be restored and cannot be used for digitization according to the provisions of Point b, Clause 2, Article 4 of Decree No. 101/2024/ND-CP to ensure consistency between land ownership data and spatial data of the land plot, serving the construction of a unified land database. In this case, people do not have to pay the measurement cost but are funded by the State.

Regarding the proposal of the Ministry of Agriculture and Environment to inspect and rectify the collection of measurement fees, ensuring compliance with regulations, the Ministry of Agriculture and Environment shall absorb and study when developing an annual inspection plan. The Ministry hopes that voters will continue to pay attention to and supervise the implementation of legal regulations on cadastral maps under the authority of localities and the collection of survey fees in localities to ensure the legitimate rights and interests of land users when requesting to issue Certificates in the above cases.

Huy Hùng
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