Reader T.D. H asked: Clause 6, Article 135 of the 2024 Land Law stipulates that in case of re-measuring and the boundary of the land plot changes compared to the boundary of the land plot on the Certificate issued, the larger area difference is considered for Certificate issuance.
In 1998, Mr. H was allocated residential planning land by the Commune People's Committee for self-construction and was granted a Certificate of Land Use Rights by the District People's Committee in this year.
In 1999, Mr. H invited land administration officials to measure land and plant markers and then build a house. Now he has a need to reissue a new Certificate.
Mr. H contacted the measurement agency and discovered that his house was built not in the correct location of the assigned planned land plot but was half located in the assigned land plot and half outside the planning (belonging to unused land).
Mr. H asked, what procedures do you need to carry out to consider re-issuing a Certificate or applying for a Certificate for the construction area outside the plan?
The Ministry of Agriculture and Environment answers this question as follows:
According to the reflected content, his house was built in 1999 with an area outside the boundary compared to the area that was granted a Certificate of Land Use Rights in 1998.
Clause 6, Article 135 of the 2024 Land Law stipulates that in case of re-measuring and the boundary of the land plot changes compared to the boundary of the land plot on the issued Certificate, the larger area difference is considered for issuance of a Certificate.
Clause 2, Article 24 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government has stipulated the issuance of Certificates of land use rights and ownership of assets attached to land for land plots with increased area due to changes in boundaries compared to the issued Certificate.
Article 15 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government detailing and guiding a number of articles of Resolution No. 254/2025/QH15 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law has assigned provincial-level People's Committees to regulate the order and administrative procedures in the field of land.
Therefore, the Ministry of Agriculture and Environment requests him to contact the competent authority in the locality for consideration and resolution.
