Documents and procedures for re-determining residential land area when having a red book

Như Hạ |

When granting red books to plots of land with multiple uses such as residential land, pond land, and garden land, people have the right to request a re-determination of residential land area.

1. Prepare documents

* Number of documents: 1 set.

* Document composition:

- Application for land change registration according to Form No. 11/DK.

- issued certificate.

- Representative documents according to civil law regulations (if any).

The registered requester is selected to submit a copy of the papers and present the original so that the staff will receive a collection test or submit the original papers or submit a copy of notarized or authenticated papers in accordance with the law on notarization and authentication; In case of submission of dossiers on national public service portal or provincial public service portal, the dossier must be digitized from the original or copy of notarized or authenticated papers in accordance with the law;

2. Implementation procedures

Pursuant to sub-section 12, Section C, Part II of Decision 2124/QD-BTNMT in 2024, stipulates the procedures for re-determining residential land areas of households and individuals who were granted a Certificate before July 1, 2004 at the district level as follows:

Step 1. Submitting documents

The place of application submission is regulated as follows:

Step 2. Solving requirements

(1) The receiving agency is responsible for:

- Check the documents, compare information between documents and declaration contents.

- Issuing a Receipt and making an appointment to return the results according to regulations.

- If eligible, transfer the file to the district-level land management agency.

(2) The competent land management agency at the district level shall perform the following tasks:

- Request the Office/Branch of the Land Registration Office to provide documents for the issuance of the first Certificate.

- Check the dossier; if meeting the conditions under Clause 6, Article 141 of the Land Law, submit to the People's Committee at the district level to re-determine the residential land area and issue a Certificate.

- send the dossier and a copy of the Certificate to the Office/Branch for editing and updating changes in cadastral records and databases.

(3) In case the requests stop:

- People with related rights and obligations can submit supporting documents to continue.

- If no valid person continues, the Land Registration Office will update it in the Land Book.

(4) In case of being resolved but receiving a document according to Clause 2, Article 19 of Decree 101/2024/ND-CP:

- Stop processing and return the file.

- If the suspension period expires or there is a document confirming that the dispute has been resolved, the agency will continue to carry out registration procedures according to regulations.

Step 3. Return the result

- Scope of settlement:

+ Maximum 20 working days.

+ Particularly difficult areas: increase by 10 days.

For localities where the Provincial People's Committee has issued regulations on receiving, transferring documents, settling and returning procedures according to needs in terms of time, the time for handling procedures shall be implemented according to the agreement between the person in need and the Land Registration Office but not exceeding the time for procedures prescribed by the Provincial People's Committee.

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