The Department of Land Administration (Ministry of Agriculture and Environment) has just received a reflection from citizen N.V.T through the System for receiving and processing reflections and recommendations on legal documents related to the 2024 Land Law.
According to the reflected content, some regulations in Decree 151/2025/ND-CP on issuing and renewing Certificates of Land Use Rights; splitting and merging plots; and registering and issuing Certificates for cases where land use rights have been transferred but procedures for transfer have not been carried out are considered unclear. Therefore, citizens request functional agencies to clarify some contents.
Accordingly, regarding the re-issuance of Land Use Right Certificates, citizens request to clarify which cases are required to carry out cadastral measurements of land plots when re-issuing; if land users do not need to measure to re-determine the size of the edges and area of the land plot, is it necessary to measure or not.
Regarding land plot separation and consolidation, citizens request to explain the concept of "area and size of the edges of the land plot on the Certificate are not consistent". For cases where land use rights have been transferred but procedures for transfer of rights have not been carried out as prescribed, citizens request guidance on the order and procedures for registration and issuance of Certificates to the transferee for a part of the original land plot but the transferred area has not been granted a Certificate...
After studying the content, the Department of Land Administration has the following opinions:
1. Regarding the content of extracting the cadastral map of the land plot
According to the provisions of point b, clause 3, section VI, content C, Part V, Appendix I of Decree No. 151/2025/ND-CP, when resolving procedures for registration of land changes where the land plot has been granted a Certificate according to the cadastral map or extracted from the cadastral map of the land plot, the Land Registration Office is not required to carry out measurement and re-determination of the land plot area, except in cases where land users and owners of assets attached to land have needs.
In case of carrying out land registration procedures where the issued Certificate does not use a cadastral map or extract the cadastral map of the land plot, the land user has a need to issue a new Certificate of land use rights, ownership of assets attached to land or falls into the case of having to issue a new Certificate of land use rights, ownership of assets attached to land, the Land Registration Office shall perform the extraction of the cadastral map or the extraction of the cadastral map of the land plot for 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 as prescribed in point b, clause 2, Article 4 of Decree No. 101/2024/ND-CP to show the diagram of the land plot on the Certificate of land use rights, ownership of assets attached to land. The above regulations have clarified that when resolving procedures for registration of land changes, in which cases is it necessary to carry out the measurement of the cadastral map of the land plot to show the diagram of the land plot on the Certificate. The Department of Land Administration informs the Citizens to know.
2. Regarding the implementation of land administrative procedures
In point e1, point e, clause 3, Article 16 of Decree No. 49/2026/ND-CP, land procedures have been abolished, including:
(1) The order and procedures for land plot separation and land plot consolidation specified in item I, content C, Part V, Appendix I of Decree No. 151/2025/ND-CP;
(2) The order and procedures for registering land and assets attached to land for the first time for individuals, communities, and households currently using land are specified in Section II, Content C, Part V, Appendix I of Decree No. 151/2025/ND-CP.
Clause 1, Article 15 of Decree No. 49/2026/ND-CP has assigned the Provincial People's Committee to regulate the order and administrative procedures on land (including the order and procedures for land plot separation and land plot consolidation) to implement the cases specified in Article 14 of this Decree, which clearly stipulates the responsibilities of agencies and competent persons in the steps of implementing the order and procedures, maximum time to implement the order and procedures, and components of dossiers to be submitted.
In case there are still difficulties and obstacles in the process of carrying out administrative procedures on land, citizens are requested to send reflections and recommendations to the Department of Agriculture and Environment where the land is located for guidance on implementation.
