Answering readers of Lao Dong Newspaper, Lawyer Quach Thanh Luc - Director of Phap Tri Law Company (Hanoi Bar Association) - said: There are many reasons leading to the situation of incorrect area on the red book.
Previously, measurement did not use coordinate systems and high-precision measurement methods as it is now. Geographical maps through periods are mainly measured and drawn manually using tape measures, measuring scales and measurement techniques that are still rudimentary and do not achieve high accuracy. Therefore, errors in area can occur.
Differences may also stem from the declaration and dossier review stages. The declaration of land users in some cases is not accurate. For example, there are cases where they actually use 200m2 of land, but only declare 100m2 to reduce financial obligations to the State. The process of preparing and reviewing dossiers may also lead to errors.
According to the lawyer, the 2003 Land Law and related regulations have regulations to handle this issue, but the regulations are in many documents, which may cause difficulties in the application process.
When the 2024 Land Law took effect, Clause 6, Article 135 stipulated cases where the actual land area differs from the area recorded on the issued Certificate, thereby providing a basis and handling direction.
Accordingly, one of the important factors to be determined is the boundary of the land plot compared to the time of issuance of the certificate.
In case the boundary of the land plot being used does not change compared to the boundary at the time of having land use right documents, or is issued a certificate, but the actual area increases or decreases compared to the area recorded on the certificate, the procedure for re-issuance can be carried out so that the area is determined to be consistent with reality.
If the actual area increases but the boundaries do not change, then when re-issuing the Certificate, land users do not have to pay land use fees for the increased area difference. Conversely, if the actual area decreases, the area on the certificate is also re-determined to suit reality.
In case the boundary of the land plot changes. The cause may be due to land users encroaching and occupying land of adjacent households; encroaching on roads, alleys or public land; being allocated additional land not under their authority; receiving additional land transfer or stemming from other reasons.
For this case, it is necessary to determine the cause leading to the increase or decrease in area. Usually, the commune-level People's Committee will check the current situation to determine the cause of the increased area.
If the area increases due to encroachment or occupation of roads, alleys or public land and is eligible for consideration for recognition of land use rights, people must carry out procedures according to regulations and pay land use fees.
If the area increases due to encroachment on land of adjacent households and these households do not sign a boundary confirmation, then land users must resolve disputes with surrounding households before carrying out procedures for issuing Certificates.
In case the area increases due to the State allocating additional land, for example an additional 5-10m2, it is necessary to determine the origin of the land. If this is land allocated under improper authority, the land user must carry out procedures and complete financial obligations according to regulations.
If the area increases due to receiving additional land transfers from surrounding land users, it is necessary to complete the procedures for transfer, notarization, and authentication according to regulations to legalize this area.
In case the area difference originates from errors in the measurement process, land users can carry out procedures to reissue the Certificate so that the area is accurately determined and suitable to reality.
Thus, if the boundary of the land plot changes, it is necessary to determine the cause leading to the increase or decrease in area, especially for the increased area. Depending on the cause, land users must complete legal procedures and corresponding financial obligations.
The re-issuance of Certificates and supplementary recognition of land area can be carried out publicly and transparently if people comply with the correct order, procedures and legal regulations.
