Answering readers of Lao Dong Newspaper, Lawyer Quach Thanh Luc - Director of Phap Tri Law Company (Hanoi Bar Association) said that Article 13 of Circular 26/2024 stipulates the signature in the description of land plot boundaries, which shows the boundaries of the land plot and adjacent land plots.
However, according to the lawyer, not all cases require a description of the boundary of the land plot.
If there is a full official map, there is no need to make a boundary description. The boundary description is made when there are errors or inaccuracies in the map or there is a request to make a boundary description due to changes on the ground.
Thus, if there is an official map that is fully and accurately measured and drawn, and the land plot has no problems, it is not necessary to make a boundary description. When no boundary description is made, it is also not necessary to ask for signatures from neighbors," lawyer Quach Thanh Luc analyzed.
According to the lawyer, people need to clearly identify the nature of the problem, because not every first-time red book issuance must make a boundary description and ask for the signature of the adjacent land user.
However, in reality, there are maps measured from 2014, 2015. Due to the coordinate system, the drawing process or changes in construction on the ground, the information may not be accurate to each land plot, plot corner or architectural structure. In these cases, the preparation of boundary descriptions and border signatures can still be carried out.
A matter of concern to many people is how to resolve the issue of issuing land use right certificates in cases where a boundary description must be made but the adjacent land user refuses to sign or is not present in the locality.
According to lawyer Quach Thanh Luc, previously, these cases could cause difficulties in the process of carrying out procedures. However, Circular 26/2024 regulating techniques for surveying and mapping cadastral records has proposed a handling plan.
Accordingly, the boundary description can be posted at the People's Committee of communes and wards within a period of 15 days. If the posting period expires and there is no opinion on the dispute, the boundary determination can be completed to continue the procedure for issuing the Certificate according to regulations.
Thus, signing boundaries is not a mandatory requirement in all cases. The creation of a boundary description is set in certain cases, such as existing maps that are inaccurate, incomplete, or requiring re-determining boundaries," lawyer Quach Thanh Luc said.
Even in cases where a boundary description is needed but the adjacent land user is not present or has no opinion, the law also has regulations to handle it through listing at the commune-level People's Committee.
Therefore, according to the lawyer, people need to clearly understand the regulations to work with functional agencies, avoiding the situation of red book issuance procedures being prolonged just because they cannot get the signature of the adjacent land user.
Lawyer Quach Thanh Luc recommends that people can learn about the provisions of Article 13 of Circular 26/2024 to better understand the determination of land plot boundaries. In case legal regulations are still difficult to understand or the dossier has complicated details, people should seek professional guidance, thereby ensuring their legitimate rights and interests.
