On the Government Portal, citizens in Hue wondered:
Ms. N.T. N's family has been using a land plot in the locality stably for nearly 30 years, without disputes. Up to now, the family has only completed procedures to apply for a Certificate of Land Use Rights.
Recently, Ms. N submitted documents to competent authorities. Land administration officials came to conduct actual measurements of the land plot. Her land plot is adjacent to two other households, one household was present, coordinated to witness the measurement and signature of full border confirmation, the other household has a Certificate of Land Use Rights, but currently the household owner is working far away, there is only a church on the land, no permanent resident, so no one stands up to sign the border confirmation. Due to the lack of a signature of confirmation from this adjacent household, land administration officials have temporarily postponed the completion of measurements and dossiers for issuing a Certificate of Land Use Rights to Ms. N's family.
Meanwhile, her family uses the land stably and for a long time, without disputes with surrounding households, including households that are absent.
Ms. N asked, in case the adjacent household is absent and cannot sign the boundary confirmation, what procedures does her family need to carry out to continue making the Certificate? Can local authorities base on the actual confirmation minutes, opinions of other adjacent households or confirmations from local authorities to replace the signature of the absent household? Are there any specific regulations guiding for similar cases so that people can complete the procedures for issuing a Certificate of Land Use Rights?
The Ministry of Agriculture and Environment answers this question as follows:
At point c, clause 3, Article 13 of Circular No. 26/2024/TT-BTNMT dated November 26, 2024, regulations on making a description of boundaries and landmarks in cases where adjacent land users are absent during the measurement period or adjacent land users are present but do not participate in determining boundaries and boundaries are not disputed as follows:
c) In case the land user or adjacent land user is absent throughout the measurement period or the adjacent land user is present but does not participate in determining the boundary and the boundary is not disputed, the boundary determination and the creation of the boundary and landmark description are carried out and signed by the surveying unit, the remaining relevant parties and the guide; the surveying unit transfers the boundary and landmark description that has been established to the Commune-level People's Committee for notification and public disclosure at the headquarters of the Commune-level People's Committee and the village cultural house (villages, hamlets, villages, hamlets, villages, hamlets, residential groups and similar residential points) where the land is located.
After 15 days from the date of notification and posting, if the land user or adjacent land user is not present to sign the confirmation or after 10 days from the date the land user or adjacent land user receives the description of the boundary and landmark of the land plot without signing the confirmation, and there is no document showing that there is a boundary dispute, the surveying unit together with the commune-level People's Committee shall make a record of these cases and clearly state "absent" or specific reasons for the land user or adjacent land user not signing the confirmation in the description of the boundary and landmark of the land plot; the boundary of the land plot is determined according to the description of the boundary and landmark of the land plot that has been made for detailed surveying;".
The Ministry of Agriculture and Environment would like to provide information so that she could know and contact the competent authorities in the locality for guidance and resolution according to legal regulations.
