According to the results of the extraction of the main continent and the re-measurement, the area has increased (both boundaries and landmarks are confirmed unchanged by the adjacent households and confirmed by the Commune People's Committee. occupy the right-of-way corridor and the river reserve).

According to the provisions of Article 76 of Decree No. 43/2014/ND-CP, your company is entitled to issue and change the Certificate due to "measurement to determine the area and size of the land plot" and "land users who wish to change the certificate of house ownership, the certificate of ownership of construction works or other types of certificates issued before December 10, 2009 to the certificate of ownership of houses, use of land, ownership of houses and other land-attached assets".

However, the Land Registration Office refused to issue and change the Certificate with the reason that the area increased (not in accordance with the area according to the Certificate issued under the 2003 Land Law and requested to re-extract the area). If it matches the area stated on the previous Certificate, then the procedure can be carried out.

Mr. Vuong asked, is it legal for the Land Registration Office to do so?

The Ministry of Natural Resources and Environment responded to this issue as follows:

His question belongs to local administrative procedures, the Ministry replied generally as follows:

According to the provisions of Clause 5, Article 98 of the 2013 Land Law, "in case there is a difference in the area between the actual measurement data and the data recorded on the paper specified in Article 100 of the 2013 Land Law, or Certificate has been issued that the boundary of the land plot in use remains unchanged from the boundary of the land parcel at the time of obtaining the land use right document, there is no dispute with the adjacent land users, when granting or renewing a certificate of land use rights, the ownership of houses and other land-attached assets shall be determined according to actual measurement data. Land users are not required to pay land use fees for the larger difference, if any.

According to Point a, Clause 1, Article 76 of Decree No. 43/2014/ND-CP detailing the implementation of a number of articles of the Land Law: "Land users who wish to change the Certificate of House Ownership, Certificate of Ownership of Construction Works or other types of Certificates issued before December 10, 2009 to a Certificate of Land Use Right use of land, ownership of houses and other land-attached assets".

Please refer to the above provisions and contact the Land Registry Office where the land is located for guidance and handling of administrative procedures in accordance with the law.