On the Government Portal, citizens asked: In 2008, Ms. T.V (Dien Bien) bought a plot of land with an area of 388.0 m2 (150.0 m2 ONT and 238.0 m2 HNK), and was granted a Certificate by the (old) District People's Committee.
The Certificate shows the location of residential land, but when building a solid house (about 16 m long), there are about 4 m at the end of the house outside the ONT land location on the Certificate.
Now Ms. V's family has re-measured to apply for a replacement to a new Certificate, according to regulations, can the replacement be carried out with the correct information on the old Certificate that has been issued, or is it necessary to pay a fine and restore the land status according to the issued Certificate, and what procedures need to be carried out to apply for a replacement?
The Ministry of Agriculture and Environment answers this question as follows:
The content reflected and proposed by her is a specific case under the jurisdiction of the locality, which needs to be based on management records and guiding documents for the implementation of the Land Law that have been promulgated; therefore, the Ministry of Agriculture and Environment does not have a basis to answer specifically. The Ministry would like to mention some principles as follows:
Clause 3, Article 139 of the Land Law stipulates the settlement for cases of using land for improper purposes that have been granted Certificates.
The handling of administrative violations in the field of land is carried out in accordance with the provisions of Decree No. 123/2024/ND-CP, which includes remedial measures forcing the restoration of the original state of the land plot before the violation, except for cases specified in Clause 3, Article 139 of the Land Law.
Thus, in case her land use meets the conditions specified in Clause 3, Article 139 of the Land Law, no remedial measures are applied to force the restoration of the original state of the land plot before the violation.
Currently, according to the provisions of Article 15 of Decree No. 49/2026/ND-CP, the Government has assigned provincial-level People's Committees to regulate dossiers, order, and administrative procedures on land, including the order and procedures for registering and issuing Certificates of land use rights and ownership of assets attached to land. Therefore, the Ministry of Agriculture and Environment requests you to study the above regulations and send recommendations to the Department of Agriculture and Environment where the land is located to be guided on carrying out procedures in accordance with regulations.
