A resident reflected obstacles when carrying out procedures for re-issuance of land use right certificates (red books) due to the actual area increasing compared to the old papers. According to the reflection, the increased area is still within the boundary of the original land plot, without changes compared to the original dossier.
However, when submitting the application, the receiving agency said that the increased area was not eligible for handling because the survey drawing had not been certified by a competent authority. Therefore, the application could not be received to carry out procedures for red book re-issuance.
From there, people are concerned whether submitting a measurement drawing that has been appraised is a mandatory requirement when re-issuing a red book in case the area increases or not. At the same time, if the boundary of the land plot does not change, is it necessary to have separate confirmation or can the same re-issuance procedure be carried out.
Dossiers are needed when land area increases
According to regulations on registration of land changes, when exchanging red books for land plots with increased area, land users must prepare dossiers according to each specific case.
For land plots that already have a red book, the dossier usually includes:
Application for land change registration; Certificate of land use rights issued; Documents related to the increased area (if any); Cadastral measuring sheet of the land plot.
In which, redrawing the land plot and having confirmation from a competent authority is an important basis for determining the actual area and serving as a basis for resolving dossiers.
Basis for considering and resolving dossiers
Functional agencies said that the re-issuance of red books in case of increased area must be based on measurement results, clearly defining the boundaries of land plots and the actual land use status.
If the increased area has not been confirmed or there is not enough legal basis, the dossier will not be eligible for resolution. Conversely, when the dossier is complete and in accordance with regulations, the competent authority will carry out procedures to reissue or confirm changes on the red book.
Therefore, when carrying out procedures for renewing red books, people need to prepare complete documents, especially survey records, to avoid prolonging the processing time. At the same time, they should contact the local land registration agency for specific guidance according to each case.
