Will the additional area be granted a red book?
How to handle when the actual area is different from the area in the land use rights documents or the issued Certificate is clearly stated in Article 6, Article 135 of the 2024 Land Law.
Accordingly, there are 2 cases where there is a difference between the actual area and the area on the book as follows:
- Case 1: Land plot boundary remains unchanged
The boundary of the land plot in use remains unchanged compared to the boundary at the time of having documents on land use rights or being granted a Certificate,
For users of adjacent land, when granting or renewing the Certificate of Land Area, the land area is determined based on actual measurement data. Land users do not have to pay land use fees for the larger difference in area, if any.
In other words, when the boundary does not change, a Certificate will be granted for the increased area if the conditions for granting are met (applicable to cases where the Certificate has not been granted for the first time) or a replacement Certificate will be granted (applicable to cases where the Certificate has been granted for the first time).
- Case 2: The land plot boundary has changed
If the re-measurement results in a change in the land plot boundary compared to the boundary at the time of the land use right documents, the larger difference in area (if any) will be considered for the issuance of a Certificate.
Red book application with increased area
Pursuant to Article 24 of Decree 101/2024/ND-CP, the dossier for granting a Certificate for an area increased compared to the land use right papers for households and individuals currently using land is divided into many different cases.
- The dossier for granting a Certificate in case the increased land area has not been granted a Certificate but there are documents on land use rights in Article 137 of the 2024 Land Law (no additional area) is as follows:
+ Application for registration and issuance of Certificate according to Form No. 04/DK for the entire area of the land plot in use.
+ One of the documents on land use rights of the original land plot.
+ Other documents according to Article 28 of Decree 101/2024/ND-CP.
- Documents for granting a Certificate in case the land area increases compared to the original land plot that has been granted a Certificate
+ Application for registration of changes in land and assets attached to land according to Form No. 11/DK
+ Original Certificate of the original land plot.
+ One of the documents related to the content of land and property attached to land changes for each specific case as prescribed in Article 30 of this Decree.
+ Documents on representation according to the provisions of civil law in cases of carrying out procedures for land registration and property attached to land through a representative.
