Citizens sent questions to the Ministry of Agriculture and Environment asking about the case of a family with a plot of land for long-term use that has built a house since 2001. There have been no disputes between the surrounding neighbors, the boundaries have been clearly stable for many years since before granting the land use right certificate in 2003.
However, currently, the family needs to rebuild a new house on the old, damaged house, and if an independent surveyor is invited to measure the current status of the land plot, the land boundary currently used between adjacent households will be shifted compared to the cadastral map.
Each household uses an area that is consistent with the 2003 land use right certificate, not illegally encroaching but not in accordance with the cadastral map. Each plot of land moves south of the cadastral map by about 0.5m.
The situation affects 7 households that have long lived next door in the locality, causing difficulties in building and renovating houses and affecting the legitimate rights of the family and other households.
Citizens ask the family if they can propose to revise the cadastral map according to the current situation? Which agency has the authority and responsibility to handle this issue?
Responding to this content, the Ministry of Agriculture and Environment said that the application of policies to review and issue Certificates to households and individuals using land needs to be based on each specific case and needs to be based on the dossier, therefore, the Ministry of Agriculture and Environment does not have a basis to give specific answers. The Ministry of Agriculture and Environment has the following principles:
Clause 6, Article 135 of the 2024 Land Law stipulates:
"... 6. In case there is a difference in area between actual measurement data and data recorded on documents specified in Article 137 of this Law or a Certificate of Land Use Rights or a Certificate of House Ownership and Land Use Rights or a Certificate of Land Use Rights, House Ownership and other Property Attached to Land or a Certificate of Land Use Rights, Property Ownership of Property Attached to the Land granted but the boundary of the land plot in use remains unchanged compared to the boundary of the land plot at the time of having documents on land use rights, a Certificate of Land Use Rights, a Certificate of House Ownership and Land Use Rights, a Certificate of Land Use Rights, a Certificate of House Ownership and other Property Attached to Land, a Certificate of Land Use Rights, Property Ownership of Property Attached to the Land, if the land plot boundary in use is not in use, the land plot boundary is not in place of the land use right or the land use right is not in accordance with the provisions of the provisions of the act of land use right or land use right.
In case the land plot boundary changes compared to the land plot boundary at the time of having documents on land use rights or a Certificate of land use rights, a Certificate of house ownership rights and land use rights, a Certificate of land use rights, house ownership rights and other assets attached to land, a Certificate of land use rights, ownership rights of assets attached to land issued and the actual measured land area is more than the area recorded on the documents on land use rights or land use rights or the Certificate of house ownership rights and land use rights, Certificate of land use rights, house ownership rights and other assets attached to land, Certificate of land use rights, ownership rights of assets attached to issued land, the actual measured land area is more than the area recorded on the land use rights or the Certificate of land use rights, Certificate of house ownership rights and land use rights, Certificate of land use rights, house ownership rights and other assets attached to land, Certificate of land use rights, land ownership rights and assets attached to issued, the land use right certificate is considered for more than the area attached to the land use rights.
In case the Certificate of Land Use Rights, Certificate of Housing Ownership and Land Use Rights, Certificate of Land Use Rights, Certificate of Housing Ownership and Other Property Attached to Land, Certificate of Land Use Rights, Property Ownership of Property Attached to the Land is issued but the location is not accurate, the Certificate of Land Use Rights and Property Ownership of Property Attached to the Land user shall be reviewed and reissued.
Article 24 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government stipulates the handling of the issuance of Certificates of land use rights and ownership of assets attached to land for land plots with increased areas due to changes in boundaries compared to documents on land use rights or issued Certificates.
According to the provisions of Section 14, Part VI, Part C of Appendix I, attached to Decree No. 151/ND-CP dated June 12, 2025 of the Government, the procedures for registering changes in land and assets attached to land and issuing Certificates of land use rights and ownership of assets attached to land in cases with increased areas are implemented by the Land Registration Office.
