Reasons for increased land area compared to red book
There are many reasons why the actual area differs from the land area recorded on the red book.
Specifically, due to inaccurate measurements; due to land encroachment by users; due to transfer, donation, inheritance...
Depending on the cause, the land area increased compared to the area recorded on the red book, the competent authority will have different ways of handling.
Regulations on granting red books for increased land area
Case 1: The original land plot (without additional area) only has documents on land use rights as prescribed in Article 137 of the 2024 Land Law.
+For the additional area, there is one of the following documents on land use rights: land type, land area for red book issuance is determined for the original land plot and the additional area according to Article 141 of the 2024 Land Law.
+ For the additional land area due to the transfer of a part of the land plot that was granted a red book before August 1, 2024, if the transfer procedure has not yet been carried out, the district-level competent authority will transfer the file to the Land Registration Office to carry out the adjustment of the red book of the transferor.
+For the additional land area that does not fall into the above 2 cases but is eligible for a red book, the land type and area for the issuance of the book will be determined for the original plot according to the provisions of Article 141 of the 2024 Land Law.
The additional area is determined according to Articles 138, 139 and 140 of the 2024 Land Law.
Case 2: Original land plot has red book:
+If the additional area is due to receiving the transfer of the right to use a part of the land plot that has been granted a Red Book but has not completed the transfer procedure before August 1, 2024, the procedure for granting a Red Book must be carried out for the entire land area in use.
+If the additional area has one of the following types of land use rights documents: Land type, area for red book issuance is the entire original land plot and the additional area.
+If the additional area does not fall into the above 2 cases and meets the conditions for granting a certificate according to Articles 138, 139 and 140 of the 2024 Land Law, then carry out the procedure for granting a red book for the entire land area in use.
Papers for applying for land red book increased now
Case 1: The original land plot has been granted a red book.
- Application for re-issuance or exchange of red book according to form 10/DK for the entire area of land in use.
- Original red book.
- Original contract of transfer, inheritance, donation of land use rights made according to regulations of increased land area.
Case 2: Original land plot does not have a red book
- Application for registration and issuance of red book according to form 04a/DK for the entire area of land in use.
- Documents related to the land plot; documents exempting or reducing financial obligations.
Case 3: Additional land area has not been granted a red book
- Application for registration and issuance of red book according to form No. 04a/DK.
- Original red book of the original land plot.
- Some documents for additional land area.
