On the Government Portal, Mr. P.H.T in Hai Phong reflected that his family has a residential land plot that has been registered since 1974, with an area of 216 m2.
Recently, when functional agencies re-measured, the land plot area was determined to increase by 23.3 m2, while the land plot boundary in reality did not change.
Mr. T asked, what is the additional land area in this case called?
When applying for a red book, for this additional area, does your family have to pay tax? Is the additional land area required to carry out procedures to apply for land use purpose conversion?
Regarding this issue, the Ministry of Agriculture and Environment has the following opinions:
The application of policies to consider and issue certificates to households and individuals who are using land needs to be based on each specific case and needs to be based on dossiers. Therefore, the Ministry of Agriculture and Environment does not have a basis for a specific answer.
The Ministry of Agriculture and Environment has opinions on the following principles:
Clause 6, Article 135 of the 2024 Land Law stipulates:
In case there is a difference in area between actual measured data and data recorded on documents specified in Article 137 of this Law or land use right certificates or certificates of house ownership and land use rights or certificates of land use rights, house ownership and other assets attached to land or certificates of land use rights, ownership of assets attached to land issued, but the boundary of the land plot being used does not change compared to the boundary of the land plot at the time of having documents on land use rights, land use right certificates, certificates of house ownership and land use rights, land use right certificates, house ownership and other assets attached to land, land use right certificates, ownership of assets attached to land issued, there is no dispute with adjacent land users, then when issuing or renewing land use rights certificates, ownership of assets attached to land, land area is determined according to actual measured data.
In case of re-measurement where the land boundary has changed compared to the land boundary at the time of having land use right documents or land use right certificates, certificates of house ownership and land use rights, certificates of land use rights, house ownership and other assets attached to land, certificates of land use rights, ownership of assets attached to land that have been issued and the actual measured land area is greater than the area recorded on land use right documents or land use right certificates, certificates of house ownership and land use rights, certificates of land use rights, ownership of houses and other assets attached to land, certificates of land use rights, ownership of assets attached to land that have been issued, the larger area of difference is considered for issuing land use right certificates, ownership of assets attached to land.
In case the certificate of land use rights, certificate of ownership of houses and land use rights, certificate of land use rights, ownership of houses and other assets attached to land, certificate of land use rights, ownership of assets attached to land has been issued but the location is not accurate, then review and reissue the certificate of land use rights, ownership of assets attached to land for land users".
Article 24 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government stipulates the handling of issuing certificates of land use rights and ownership of assets attached to land for land plots with increased area due to changes in boundaries compared to land use rights documents or certificates issued.
According to the provisions of Point 14, Part VI, Part C of Part V of Appendix I attached to Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government stipulating the order and procedures for registering land changes, assets attached to land and issuing certificates of land use rights, ownership of assets attached to land for cases of increased area implemented by the land registration office.
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