The difference in the actual land area used compared to the area recorded on the Certificate of land use rights, ownership of houses and other assets attached to land (“red book” or “Certificate”) from transfer transactions happen quite commonly. This situation can affect the accuracy and validity of the red book, as well as the legal rights and interests of the owner. According to current legal regulations, how is the procedure for issuing a Certificate in case land area increased from transfer?
1. Principles for implementation when land area increased from transfer transactions
Principles for implementation when land area increased from transfer transactions:
In case the boundary of the land plot being used does not change compared to the boundary of the land plot at the time of obtaining land use rights documents, and there is no dispute with adjacent land users, then when issuing or replacing the Certificate, receive land use rights, ownership of houses and other assets attached to land, the land area is determined according to actual measurement data.
In this case of increased land area, the land user does not have to pay land use fees for the larger difference in area (if any).
2. Issuance of red book in case of land area increased from transfer transaction
In case of re-measurement, the actual land plot area is larger than the area recorded on the issued Certificate or land use rights documents, and the actual land plot boundaries have changed compared to the land plot boundaries. At the time of obtaining a Certificate or documents on land use rights, consideration will be given to granting a Certificate of land use rights, ownership of houses and other assets attached to land for the land area is different from Certificate due to inheritance is done as follows:
a. For the land area increased from Certificate
The owner carries out procedures for transferring land use rights and ownership of assets attached to land according to regulations.
Noted, if the land area is different from the list without documents on land use rights, comply with the specific provisions of the law.
b. For the original land plot (the land plot does not have an additional area)
– If the original land plot already has a Certificate of land use rights: carry out the procedure to replace the Certificate.
In this case, the land user is not required to carry out land consolidation procedures.
>> PROCEDURES FOR RENEWAL OF LAND USE RIGHTS CERTIFICATE https://linconlaw.vn/procedures-for-renewal-of-land-use-rights-certificate/
Land registration office shall be responsible for providing confirmation on the form of application for reissuance or replacement of the certificate of land use right and ownership of house and properties attached to land over the additional land area and for sending cadastral information to the relevant tax authority, presenting the certificate, updating and revising cadastral documents and land database in regard to the entire land area in use, issuing the certificate or sending documents to the communal People’s Committee to which the application was filed for further discussion.
– If the original land plot does not have a Certificate of land use rights, but has valid documents on land use rights according to regulations: carry out the procedure for granting Certificate for the first time.
The land registration office is responsible for confirming the Registration Application, issuing a Certificate of land use rights, ownership of houses and other assets attached to land for the increased land area and sending geographical information. to the tax authority, submit the Certificate, update and correct cadastral records and land database for the entire area of the land plot in use, hand over the Certificate to the grantee or send it to the Commission. Commune-level People’s Committee to hand over in case of submitting documents at the Commune-level People’s Committee.
Noted, in case the land area increased due to transfer of land use rights before July 1, 2014, it shall comply with specific provisions of law.
- Land Law 2013.
- Decree 43/2014/ND-CP guiding the implementation of the Land Law promulgated on May 15, 2014;
- Decree 01/2017/ND-CP amending the decree guiding the Land Law promulgated on January 6, 2017.
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