A case reflecting problems when carrying out land registration procedures, functional agencies re-measured and determined that the actual area increased compared to the initial papers. Land users are wondering whether this surplus area has to pay additional land use fees or not.
Regarding this content, the Department of Land Administration, Ministry of Agriculture and Environment said that the determination of financial obligations for land has been specifically regulated in the 2024 Land Law, along with guiding decrees for implementation.
Specifically, the legal bases include Articles 155, 156, 157 of the 2024 Land Law and decrees such as Decree 103/2024/ND-CP, Decree 291/2025/ND-CP, and Decree 50/2026/ND-CP on land use fees and land rents.
There is no general answer for every case
This agency said that because each case has different characteristics in terms of land origin, time of use and legal documents, it is not possible to apply a common financial obligation calculation method to all.
Whether or not to pay additional land use fees for the increased area needs to be considered based on specific dossiers and current legal regulations.
Need to compare dossiers and actual land use
According to regulations, the determination of financial obligations must be based on cadastral information, measurement results, as well as the actual land use process.
In many cases, the increased area may be due to technical errors in previous measurements, not due to encroachment or change of boundaries, so it needs to be specifically considered by functional agencies.
The Department of Land Administration recommends that people study relevant legal regulations and contact local land management agencies and financial agencies for detailed guidance.
The determination of financial obligations for the increased area can only be carried out when there are complete dossiers and legal basis, ensuring compliance with current legal regulations.
