Is the land area increased after measurement and issuance of red books subject to land use fees

Như Hạ (T/H) |

When re-measuring, in many cases, the actual land plot area is larger than the Certificate (red book) issued.

Based on Clause 2, Article 24 of Decree 101/2024/ND-CP, replaced by Point a, Clause 3, Article 7 of Decree 226/2025/ND-CP stipulating the re-issuance of Land Use Right Certificates when the land area increases due to measurement and financial obligations as follows:

Article 24. Handling the issuance of Certificates of land use rights Certificates of land use rights, ownership of assets attached to land for land plots with increased area due to changes in boundaries compared to land use rights documents or Certificates issued

2. In case the original land plot already has a Certificate, it is handled as follows:

a) In case the increased area is due to receiving the transfer of land use rights for a part of a land plot that has been granted a Certificate but before the effective date of this Decree, the procedures for transferring land use rights according to the provisions of law have not been carried out, the procedures for issuing a Certificate of land use rights, ownership of assets attached to land for the entire area of the land plot being used shall be carried out; The Land Registration Office shall carry out the correction of the Certificate of the land use right transferor according to regulations;

b) In case the additional area has one of the types of land use right documents specified in Article 137 of the Land Law, the type of land and area to be granted a Certificate of land use rights and ownership of assets attached to land is the entire original land plot and the additional area determined according to the provisions of Article 141 of the Land Law;

c) In case the increased area does not fall into the provisions of points a and b of this clause, if it meets the conditions for issuing a Certificate of Land Use Rights, Ownership of Property Attached to Land as prescribed in Articles 138, 139 and 140 of the Land Law, then the Certificate of Land Use Rights, Ownership of Property Attached to Land shall be issued for the entire area of the land plot being used; the type of land, area for issuing a Certificate of Land Use Rights, Ownership of Property Attached to Land is determined for the original land plot according to the Certificate issued and the increased area is determined according to the provisions of Articles 138, 139 and 140 of the Land Law;

d) The order and procedures for registering and issuing Certificates of land use rights and ownership of assets attached to land for the entire area of land being used are carried out in accordance with the provisions of Section VI, Content C, Part V, Appendix I issued together with Decree No. 151/2025/ND-CP.

In Section VI, Content C, Part V of Appendix I issued together with Decree 151/2025/ND-CP, in case of re-measuring the area and the land plot area is larger than the area on the Certificate issued, the land plot boundary does not change compared to the land plot boundary at the time of issuance of the Certificate, the land user who is a household or individual must fulfill financial obligations for land use fees for the additional residential land area outside the residential land limit according to the provisions of law at the time of issuance of the previous Certificate;

In case of organizations, they must fulfill financial obligations regarding land use fees and land rent once for the entire lease period for the additional non-agricultural land area according to the provisions of law on collection of land use fees and land rent at the time of issuance of the Certificate previously.

Như Hạ (T/H)
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