Is it necessary to sign a boundary to get a red book?
Pursuant to Article 21 of Decree 101/2024/ND-CP and Decision 2124/QD-BTNMT in 2024, the procedure for requesting registration and issuance of Certificates for households and individuals includes the following steps:
Step 1: Submit documents
Step 2: Receive documents
Step 3: Resolve requirements
Step 4: Return the result.
Of the above steps, step 3 has the most work to be done. After receiving valid documents, the Provincial People's Committee is responsible for checking the documents and performing the following tasks:
(1) Direct the competent provincial land management agency to inspect the actual land use of the organization and determine the specific boundary of the land plot.
(2) Issue a notice of financial obligations to land users.
(3) After receiving a notice from the tax authority that the financial obligations have been fulfilled, the following cases shall apply:
- Submit to the Provincial People's Committee to sign the Certificate (CC).
- Transfer the land use right to the dossier receiving agency to give to the land user or owner of the property attached to the land.
- Transfer the dossier with the issued copy of the Land Use Rights to the Land Registration Office to update and edit cadastral records and land database.
- Check the documents, then return the Document Receipt and make an appointment to return the results.
(4) In case there is no cadastral map: Before performing the work in Section (1), the Land Registration Office shall conduct cadastral surveys or check the cadastral surveys submitted by the land user (if any).
(5) Publicly post the results of the inspection of records, status of disputes, confirmation of the current status, origin and time of land use at the headquarters of the People's Committee of the commune, ward, town and residential area where the land is located for 15 days and see if there is any reflection on the first granting of land.
(6) If there are no comments, the GCN will be returned to the first-time candidate.
It can be seen that signing the boundary is not a "special procedure" when applying for a Certificate for the first time. However, signing the boundary is one of the ways to confirm the land boundary, ensuring that there is no dispute between the parties involved.
Therefore, although not a procedure regulated in law, localities currently still apply signing the boundary to minimize future dispute risks.
How will the neighbor who refuses to sign the border handle it?
When the neighbor refuses to sign the boundary, there are some ways to handle it as follows:
- Negotiate with neighbors about signing the boundary: Signing the boundary is one of the mandatory procedures when issuing a book for the first time in many localities, so trying to negotiate is one of the simplest ways to simplify the problem when encountering this pressing problem.
Because of the reality that many people have been unable to issue a book for the first time just because certain neighbors refuse to sign the boundary.
- Still submit the application for a Certificate according to regulations: As cited above, the dossier receiving agency cannot refuse the application for a Certificate from the land user if it does not fall into one of the cases specified in Clause 2, Article 19 of Decree 101/2024/ND-CP.
- Request the Certificate issuer to respond in writing about the refusal to carry out the Certificate issuance procedure because the neighbor refuses to sign the boundary
According to the procedures for granting the Certificate, the People's Committees of communes, wards and towns will publicly post the current status of the land plot, the status of the dispute, etc. at the headquarters of the Committee and the residential area where the land is located within 15 days and consider resolving the reflections (if any).
According to the above regulations, it can be seen that the conditions for being granted a Certificate to a legal land user do not completely depend on the opinion of the adjacent land user.
- Proceeding to resolve land disputes if the neighbor refuses to sign the boundary and has a dispute petition
When handling the dossier requesting a Certificate, if there is a dispute, the procedure will be temporarily suspended and the state agency will guide the parties to carry out the procedures for handling land disputes according to regulations.
In addition, if the neighbor refuses to sign the boundary and intentionally prevents the issuance of a Certificate by a legal land user, a lawsuit can be filed against that obstruction.
