Citizens send questions to the Ministry of Agriculture and Environment asking: In case when measuring a land plot to carry out land procedures (transfer rights, issuance of certificates, issuance of certificates for the first time, change of purpose) but the adjacent land user does not cooperate even though there is no dispute, when inviting to the site of the measurement session, the adjacent land user does not come or does come but they do not sign the confirmation on the land plot diagram, what should be done?
Responding to this question, the Ministry of Agriculture and Environment said that on November 26, 2024, the Ministry of Natural Resources and Environment (now the Ministry of Agriculture and Environment) issued Circular No. 26/2024/TT-BTNMT on technical regulations on cadastral survey and maps. Accordingly, point c, clause 3, Article 13 of Circular No. 26/2024/TT-BTNMT stipulates "The establishment of a description of land boundaries and boundary markers is as follows:
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In case the land user or adjacent land user is absent during the measurement period or adjacent land users are present but not participating in determining the boundaries and boundaries without disputes, the determination of boundaries and making a boundary description of the land parcel boundaries and landmarks are made by the remaining measurement units, the parties and the guides and the certification and signing; The measurement unit transferred the description of the boundaries and landmarks of the land parcel was established to the commune -level People's Committee to notify and publicize at the headquarters of the commune -level People's Committee and the village cultural houses (villages, hamlets, villages, bon, bon, phum, squirrel, residential groups and similar residential areas) where the land was located.
After 15 days from the date of notification and posting if the land user or adjacent land user is not present to sign the confirmation or after 10 days from the date the land user or adjacent land user receives the description of the boundary and boundary markers of the land plot without signing the confirmation, and at the same time there is no document showing the dispute over the boundary of the land plot, the measuring unit shall, together with the People's Committee at the commune level, make a record of these cases and clearly state the "absence" or specific reason why the land user or adjacent land user did not sign the confirmation in the description of the boundary and boundary markers of the land plot; the boundary of the land plot is determined according to the boundary description, the boundary markers of the land plot have been established for measurement;"
The Ministry of Agriculture and Environment provides information for citizens to refer to and contact local agencies for guidance.
