Land use right certificates are being mortgaged, can they be re-issued when land area is increased?

Citizens send questions to the Ministry of Agriculture and Environment with the content:

Mr. Dang Van A submitted a dossier requesting the re-issuance of a Certificate of Land Use Rights according to the current status of use, which includes an additional area of 18 m2 due to receiving the transfer of a part of the land plot from Mr. Pham Cong B (accompanied by a contract made in 2018), according to the provisions of point a, clause 2, Article 24 of Decree No. 101/2024/ND-CP.

However, Mr. Pham Cong B's Certificate of Land Use Rights is currently mortgaged at the bank, so he cannot submit the original to carry out the correction.

In this case, will Mr. Dang Van A's dossier be considered and resolved for issuance of a Certificate of Land Use Rights according to the current status of use?

The Ministry of Agriculture and Environment has the following opinions:

According to Article 133 of the 2024 Land Law and Article 24 of Decree 101/2024/ND-CP, in case of receiving land use rights transfer that increases the land plot area, it falls under the case of registration of changes and is considered for re-issuance of Certificates according to the current status of use.

The dossier for registration of changes must have the original Certificate issued to carry out correction according to the provisions of Clause 2, Article 24 of Decree 101/2024/ND-CP.

In case Mr. Pham Cong B's Certificate is being mortgaged at the bank, the land user must release the mortgage or have the bank agree to revoke it, and provide the original Certificate to carry out the procedures. When there is no original Certificate, the land registration agency has no legal basis to adjust the change.

Therefore, Mr. Dang Van A's dossier will only be resolved when the original Certificate of Mr. Pham Cong B is submitted according to regulations. It is requested that he contact the bank where the mortgage is being placed to carry out the mortgage release procedure or coordinate to provide a Certificate to serve the registration of changes.

(Character names have been changed)