Ms. N.T.M.T in Dong Thap said that her family submitted an application for a red book change from February 2025. During the measurement process, the family collected the border signature of 3/4 adjacent landlords, the remaining landlord is not currently residing in the locality, so it is not possible to sign the border.
However, the surveyor at the branch of the Land Registration Office informed that due to the lack of a border signature, the dossier was not continued to be processed, and at the same time requested Ms. T's family to provide personal information of the landlord who had not signed before proceeding with the listing procedure.
Since submitting the application, the surveyor has only discussed it by phone, and has not provided any documents on the application processing process.
Ms. T asked, in her family's case, can the procedures for issuing and exchanging red books be carried out?
The Ministry of Agriculture and Environment responds to this issue as follows:
The content she asked was under the authority and responsibility of local agencies for handling procedures for granting and renewing Land Use Rights Certificates.
However, the reflection does not clearly state whether the area has a cadastral map or not. Therefore, the Ministry of Agriculture and Environment responds on the principle as follows:
In case the area is located in an area with a cadastral map, the administrative procedure handling agency must use a cadastral map (aper example) to handle the procedure for granting and exchanging certificates according to a cadastral map (at that time, there will be no need to establish a Land Border and Border marked marked copy); except in cases where the land user needs to measure and re-determine the size and area of the land plot.
In case there is no cadastral map in the area or a cadastral map but the size and area of the land plot have changed, the cadastral map extraction and measurement and adjustment of the cadastral map shall be carried out.
The preparation of a description of the boundary and boundary markers of the land plot shall comply with the provisions of Clause 3, Article 13 of Circular No. 26/2024/TT-BTNMT.
In particular, at point c, clause 3, Article 13 of Circular No. 26/2024/TT-BTNMT, there are regulations to resolve cases where adjacent land users are absent during the measurement period or adjacent land users are present but do not participate in determining the boundary.
The Ministry of Agriculture and Environment informs people to know and research implementation.
During the implementation of land administrative procedures, if people do not agree with the results of administrative procedure settlement by competent authorities in the locality, they have 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 and Article 7 of the 2011 Law on Complaints.
