Discovering land on the red book overlapping with the location of 4 other households in reality

Xuyên Đông |

The Ministry of Agriculture and Environment responded to the people to resolve the case of discovering that the land granted on the red book matched the location of 4 other families in reality.

On the Government Portal, Ms. L.N.T in Lao Cai reported that her family was granted a red book on December 16, 1996 with a total area of 1,290 m2.

Through comparison according to the overall measurement map in 2017 and map 299: The shape of the land plot granted a red book in 1996 is different from the overall measurement data in 2017.

The land granted on the red book is not the location of the family's land plot but overlaps with the land location of 4 other households.

There was no dispute between Ms. T's family and the households. Her family found a mistake and requested the competent authority to reissue the red book in accordance with the location and area of the family, but the ward officials instructed the court.

Ms. T suggested that the competent authority consider guiding the procedures for reissuing red books to the family.

The Ministry of Agriculture and Environment responds to this issue as follows:

The content reflecting her petition is a specific case under the authority of the locality, so the Ministry of Agriculture and Environment has no basis to give a specific answer.

The Ministry sets out some regulations on principles as follows:

According to current land law, the procedures for granting and exchanging issued Certificates are specified in Section VII, Part C of Appendix 1 issued with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government.

Cases of issuance and exchange of issued Certificates:

Land users who need to change the Certificate issued before August 1, 2024 to a Certificate of land use rights and ownership of assets attached to land.

The issued certificate is stained, blurred, torn, or damaged.

The certificates have been issued for many plots of land but are issued separately for each plot of land according to the needs of the land user and the cases of issuance and exchange of Certificates of land use rights and ownership of assets attached to land as prescribed.

The purpose of land use stated on the issued Certificate according to the provisions of the law on land at the time of issuance of the issued Certificate is different from the purpose of land use according to the land classification prescribed in Article 9 of the Land Law and the provisions of the Government's Decree detailing the implementation of a number of articles of the Land Law;

The location of the land plot on the issued Certificate is not accurate compared to the actual location of land use at the time of issuance of the issued Certificate.

The right to use land and own property attached to land is the common property of the husband and wife, but the issued Certificate only records the full name of the wife or husband, now there is a requirement to reissue the Certificate of land use rights and ownership of property attached to land to record the full name, wife's name and family name, and husband's name.

The issued Certificate records the household's name, now members sharing the land use rights of that household request to issue and renew the Certificate of land use rights and ownership of assets attached to the land to record the full names of members sharing the land use rights of the household.

Change the size of the edges, area, and number of the land plot due to measuring, maping, and measuring the land plot without changing the land plot boundary.

Application documents when carrying out procedures for issuing and renewing issued Certificates:

Application for registration of changes in land and assets attached to land according to Form No. 18 issued with this Decree and the issued Certificate.

In the case specified in Point g, Section 1, Part VII, the Application for registration of changes in land and assets attached to land according to Form No. 18 issued with this Decree must include information on members sharing land use rights of households.

Land plot cadastral map measurement for land plot cadastral measurement cases specified in Point h, Section 1, Part VII and cases specified in Points a, b, c, d, dd, e, e and g, Section 1, Part VII, where the land user needs to measure to re-determine the size of the edges and area of the land plot.

In case she does not agree with the results of the settlement of administrative procedures, she has the right to complain and file a lawsuit against administrative decisions and administrative acts on land management according to the provisions of Article 237 of the Land Law.

Xuyên Đông
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