Authority to grant additional land use area increases
Mr. Truong Dat Linh (Kon Tum) inquired about the case where an inherited land parcel has increased in size after being re-surveyed, and the additional land remains part of the original parcel (without forming a new one). He asked which authority is responsible for handling the transfer of rights and legitimizing the additional portion. The legal basis for this issue was also requested.
The Ministry of Natural Resources and Environment responded as follows:
The inquiry did not provide specific details about the increased land area resulting from transfer, gift, or without proper land use rights documentation, making it difficult to provide a precise answer.
According to Article 24a of Decree No. 43/2014/ND-CP dated May 15, 2014, issued by the Government (supplemented in Clause 20 of Article 2 of Decree No. 01/2017/ND-CP, supplementing Article 24a of Decree No. 43/2014/ND-CP), the issuance of a Certificate of Land Use Rights, House Ownership, and other assets attached to the land is regulated concerning the increased land area compared to the existing land use rights documentation for households and individuals using the land.
Clause 4 of Article 9a of Circular No. 24/2014/TT-BTNMT dated May 19, 2014, issued by the Ministry of Natural Resources and Environment, stipulates the following regarding cadastral records (supplemented in Clause 7 of Article 7 of Circular No. 33/2017/TT-BTNMT):
"4. In cases where both the original land parcel and the increased land area have already been granted a certificate, the Land Registration Office shall submit the documents to the Department of Natural Resources and Environment for the issuance of a certificate or for cases delegated according to regulations.
In cases where neither the original land parcel nor the increased land area or the entire combined area has been granted a certificate, the Branch of the Land Registration Office shall prepare the documents to submit to the Department of Natural Resources and Environment for the issuance of a certificate at the district level."
By: Source: Chinhphu.vn (Government Newspaper)/Translator: LeAnh-Bizic
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