A resident in Hai Phong reflected that his family has a land plot granted a Certificate of Land Use Rights from 1998 with an area of 543m2. However, after re-measuring, the actual area is 672m2 even though the family did not reclaim land, did not encroach and did not have a dispute with adjacent households.
This person said that on one hand, the land plot is adjacent to agricultural land, but the increased area does not encroach on the surrounding agricultural land area. From there, the family wonders whether to add the difference in area to the red book or not, and at the same time, what financial procedures and obligations need to be carried out.
Answering this question, the Ministry of Agriculture and Environment said that this is a specific case, which needs to be based on archived records as well as regulations issued by localities to consider and resolve. Therefore, the Ministry does not have enough basis to make specific conclusions for each case.
However, the Ministry of Agriculture and Environment has clearly stated a number of principles related to the handling of land area differences compared to the issued Certificate.
According to Clause 6, Article 135 of the Land Law, in case the actual measured area is different from the area recorded on the Certificate but the boundary of the land plot being used does not change compared to the time of issuance of the red book, and disputes do not arise with adjacent households, the land area will be determined according to actual measured data.
This means that land users may be considered for re-issuance or supplementation of Certificates according to the actual area after measurement.
In case of re-measuring and the boundary of the land plot changes compared to the time of issuance of the Certificate and the actual area is larger than the area recorded on the red book, the additional area will be considered for issuance of a Certificate according to Clause 2, Article 24 of Decree No. 101/2024/ND-CP.
Regarding financial obligations when re-issuing or supplementing Certificates, the Ministry of Agriculture and Environment requests people to contact local financial agencies for specific guidance in accordance with legal regulations.
According to records, the situation where the actual land area is larger than the red book after surveying is quite common in many localities. The cause may stem from technical errors in the previous surveying process or changes in cadastral records through many stages.
Experts remind people that when they detect a difference in the actual land area compared to the red book, they should contact functional agencies as soon as possible to check, measure and carry out appropriate adjustment procedures, avoiding disputes or difficulties when transacting later.
