Clause 3, Article 37 of Decree 101/2024/ND-CP stipulates the order and procedures for registering changes in land and assets attached to land and issuing Certificates of land use rights and ownership of assets attached to land. In which, the measurement of land plots is regulated as follows:
- Procedures for registering changes in land and assets attached to land and issuing Certificates of land use rights and ownership of assets attached to land.
- Procedures for registration of changes in land and assets attached to land and issuance of Certificates of land use rights and ownership of assets attached to land, except for the cases specified in Articles 38, 39, 40, 41, 42, 43 and 44 of this Decree are as follows:
Re-measurement is carried out in the following cases:
+ In case of exercising the rights of land users (ie transfer) for land plots that have been granted red books, the Land Registration Office does not have to conduct measurements and re-determination of land area, except in cases where land users and owners of assets attached to land have a need.
+ In case of transferring a land plot that the issued land certificate has not used a cadastral map or extracted a cadastral map of the land plot or is subject to the need to issue a new land certificate (According to the provisions of Article 23 of Decree 101/2024/ND-CP), the Land Registration Office must conduct the measurement and re-determination of the land plot area. Land users must pay the measurement cost according to regulations.
+ In case of reducing the land plot area due to natural landslides, the Land Registration Office is responsible for measuring and re-determining the land plot area using State budget.
Accordingly, when transferring the name of the land plot that needs to be divided, it must be re-measured; when transferring the name of the entire land plot, the measurement must be done when the land user has a need or discovers changes in boundaries, area, etc.
