Decision 629/BNNMT 2025 issued on April 3, 2025 stipulates the announcement of standardization of administrative procedures in the land sector under the state management functions of the Ministry of Agriculture and Environment. Including regulations on the procedure for resolving the registration and issuance of Certificates (red books) for land plots with increased areas due to changes in boundaries.
1. Submitting documents
People submit a set of documents to the provincial One-Stop Department, Land Registration Office or branch. The receiving agency checks the validity of the application, if it meets, it will issue a receipt and schedule a return of the results. In order to receive the application, if the application is not complete or has poor authority, it will be rejected.
2. In case the original land plot has a Certificate, the increase is due to receiving a transfer of rights
- The land registration office notifies in writing and lists it at the commune-level People's Committee. If the transferor's address is unknown, post the information 3 times on the media.
- After 30 days without a dispute, continue the procedures for granting a Certificate.
In case there is a cadastral map or cadastral map measurement, there is no need to re-measure unless the land user requests.
If there is no cadastral map or only a damaged copy of the paper, a new survey will be conducted according to Decree 101/2024/ND-CP. Land users pay the measurement cost.
If the new area is larger than the area recorded in the old Certificate and the boundary is not changed, the land user must pay financial obligations (land use fees or land rent) according to regulations at the time of issuance of the previous red book.
Then, send the Information Transfer Form (Form 12/DK - Decree 101/2024/ND-CP) to the tax authority to determine financial obligations, update changes, issue new books or confirm changes on the old books.
3. In case the additional area has not been granted a Certificate
- If there is a cadastral map: no need to re-measure, unless needed.
- If there is no or the paper map is damaged: take a reading.
The land user will bear the measurement costs, if the actual area is larger than the area in the old book, the additional financial obligations will be paid.
The land registration office sends the dossier to the People's Committee at the commune level to carry out procedures according to Article 33 of Decree 101/2024/ND-CP. After that, this agency transferred the dossier with the results to the Land Registration Office for completion.
4. Special cases
If during the settlement process, the land user does not continue to do so, the person with related rights and obligations (according to civil law) shall submit supporting documents to continue. If the person performing the act cannot be identified or the person is not eligible for a certificate, it must be updated in the land certificate.
If receiving documents according to Clause 2, Article 19 of Decree 101/2024/ND-CP (such as notice of temporary suspension, seizure of assets, dispute...) the dossier will stop being resolved and returned. When there is a document to resolve the dispute or a document allowing it to continue, the competent authority will continue to resolve it in accordance with regulations.
Decision 629/QD-BNNMT takes effect from April 3, 2025 and replaces Decision 2124/QD-BTNMT dated August 1, 2024.
