Through actual verification, the land has been used stably from 1990 to the present, without dispute, without encroachment, the purpose of the extra land plot is suitable with the type of land being used and in accordance with the land use planning.

Mr. Toan asked, can he register a new land use right of 600 m2 in practice or not? If registered, at which agency?

The Ministry of Natural Resources and Environment responded to this issue 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 measured data and the data recorded on the paper specified in Article 100 of the Land Law, or the Certificate has been issued but the boundary of the land plot in use remains unchanged compared to the boundary of the land plot at the time of obtaining the land use right document, there has been no dispute with adjacent land users, when granting or renewing the Certificate of land use rights, ownership of houses and other land-attached assets, the land area is determined according to actual measurement data. Land users are not required to pay land use fees for the larger difference, if any.

In case of re-measurement, the boundary of the land parcel has changed compared to the boundary of the land parcel at the time of obtaining the land use right certificate, and the actual measured land area is larger than the area recorded on the land use right document, the larger difference (if any) will be considered for issuance of a land use right certificate, ownership of houses and other land-attached assets as prescribed in Article 99 of the Land Law, Clause 20, Article 2 of Decree No. 01/2017/ND-CP dated January 6, 2017 of the Government amending and supplementing a number of decrees detailing the implementation of the Land Law.

The steps and procedures for issuance and replacement of certificates of land use rights and ownership of houses and other land-attached assets due to measurement and re-determination of the area and size of the land parcel shall comply with the provisions of Article 76 of the Decree No. Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government detailing the implementation of a number of articles of the Land Law (amended and supplemented in Clause 24, Article 1 of Decree No. 148/2020/ ND-CP).

The agency that receives the dossier and returns the results of handling procedures for registration of land and other land-attached assets; the grant, renewal and re-issuance of Certificates shall comply with the provisions of Article 60 of Decree No. 43/2014/ND-CP (amended and supplemented in Clause 19, Article 1 of Decree No. 148/2020/ND-CP).

The Ministry of Natural Resources and Environment provided some information related to the provisions of the law on land for Mr. Toan’s further understanding and reference.

According to Dang Khoi (Government Newspaper)