Citizens send questions to the Ministry of Agriculture and Environment with the content:
Currently, the issuance of Land Use Right Certificates for the first time in many communes and wards faces obstacles due to measurement dossiers. In case there is already a cadastral map but the current status is different from the map, it is necessary to carry out cadastral adjustment measurements.
Citizen asks: Can land users hire a qualified unit or a Land Registration Office to measure and prepare a Land Registration Correction Form first, and then submit a dossier for a Certificate of Land Use Rights?
According to Decree 151, dossiers are submitted to communes and wards first; when other errors are detected, the Commune People's Committee requests measurement within 5 days, but the regulations only mention cadastral excavation, and measurement and rectification are not clear.
Citizens believe that the actual application is not uniform, some places receive dossiers and then request rectification, some places require completion of measurement and rectification, approved by the Land Registration Office, before receiving dossiers.
Answering this content, the Ministry of Agriculture and Environment said:
According to the provisions of point d, clause 2, Article 6 of Decree No. 101/2024/ND-CP, one of the bases for adjusting the cadastral map is: "The inspection results of the Land Registration Office or the Branch of the Land Registration Office for cases where land users have documents reflecting other incorrect information of the land plot".
Thus, in case the land user discovers that the current status of the land plot is different from the cadastral map, they must have a written reflection to the Land Registration Office or the Branch of the Land Registration Office for inspection and adjustment according to regulations.
According to the provisions of point a, clause 3, section II, content C, Part V, Appendix I issued together with Decree No. 151/2025/ND-CP, the commune-level People's Committee shall organize the implementation of extracting cadastral maps for places where there are already cadastral maps; for places where there are no cadastral maps and in the registration dossier, issuance of Certificates of land use rights, ownership of assets attached to land, there is a cadastral map extract, then inspect and sign confirmation of the cadastral map extract according to regulations, except in cases where the cadastral map extract has been confirmed by the commune-level People's Committee or the Branch of the Land Registration Office inspects and approves before July 1, 2025;
In case the dossier for registration and issuance of Certificates of land use rights and ownership of assets attached to land does not have a piece of cadastral map measuring, it is requested that the surveying unit have a License for surveying activities, establishing cadastral maps to perform the measuring of cadastral maps; the surveying unit is responsible for performing the measuring of cadastral maps within a maximum of 05 working days from the date of receiving the request from the commune level, the land user must pay the costs according to regulations.
The Ministry of Agriculture and Environment provides information for citizens to know and contact competent authorities in the locality for consideration and settlement in accordance with the law.
