How does the new law handle the discrepancy between the actual land area and the red book?

The effective date of Land Law No. 31/2024/QH15 is January 1, 2025, which regulates the handling of actual differences in land area on the red book.

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In Article 6, Clause 135 of the new Land Law, it stipulates that in cases where there is a discrepancy between the actual measured area and the figures recorded on the documents specified in Clause 137 of this Law or the Certificate of Land Use Rights or the Certificate of Ownership of Houses and Land Use Rights or the Certificate of Land Use Rights, Ownership of Houses and other assets attached to the land or the Certificate of Land Use Rights, Ownership of assets attached to the land has been granted and the boundaries of the land being used are unchanged compared to the boundaries of the land at the time of the documents on land use rights, the Certificate of Land Use Rights, the Certificate of Ownership of Houses and Land Use Rights, the Certificate of Land Use Rights, Ownership of Houses and other assets attached to the land, the Certificate of Land Use Rights, Ownership of assets attached to the land having been granted, and there is no dispute with adjacent land users, then when granting or changing the Certificate of Land Use Rights, Ownership of assets attached to the land, the area of ​​land shall be determined based on the actual measured data.

In cases where the boundaries of the land have changed from the boundaries of the land at the time of the documents on land use rights, the Certificate of Land Use Rights, the Certificate of Ownership of Houses and Land Use Rights, the Certificate of Land Use Rights, Ownership of Houses and other assets attached to the land, the Certificate of Land Use Rights, Ownership of assets attached to the land having been granted and the actual measured area is greater than the area recorded on the documents on land use rights, the Certificate of Land Use Rights, the Certificate of Ownership of Houses and Land Use Rights, the Certificate of Land Use Rights, Ownership of Houses and other assets attached to the land, the Certificate of Land Use Rights, Ownership of assets attached to the land having been granted, the difference shall be considered when granting the certificate of land use rights, ownership of assets attached to the land.

In case the Certificate of Land Use Rights, the Certificate of Ownership of Houses and Land Use Rights, the Certificate of Land Use Rights, Ownership of Houses and other assets attached to the land, the Certificate of Land Use Rights, Ownership of assets attached to the land granted has an inaccurate position, the certificate of land use rights, ownership of assets attached to the land shall be reviewed, changed and reissued to the land user.

The Government shall detail the issuance of the Certificate of Land Use Rights, Ownership of assets attached to the land, the determination of residential land area, and the rectification, recapture, cancellation of the issued certificate.

Provisions on recording the names of spouses on the red book

According to the provisions of the new Land Law, in principle, the Certificate of Land Use Rights, Ownership of assets attached to the land, the Certificate of Land Use Rights, Ownership of assets attached to the land shall be issued for each plot of land to individuals with land use rights, owners of assets attached to the land who meet the conditions stipulated in this Law.

In case the land user is using multiple agricultural plots of land in the same commune, ward, town and has a request, a common Certificate of Land Use Rights, Ownership of assets attached to the land shall be issued for those plots of land.

In the case where multiple individuals have shared land use rights, shared ownership of assets attached to the land, each person shall be granted a Certificate of Land Use Rights, Ownership of assets attached to the land; if there is a request from those who have shared land use rights, shared ownership of assets attached to the land, a common Certificate of Land Use Rights, Ownership of assets attached to the land shall be issued and given to the representative.

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The new Land Law also stipulates that in case the land use right, land use right, ownership of assets attached to the land or ownership of assets attached to the land is a common asset of the husband and wife, both the last name, first name of the wife and last name, first name of the husband must be recorded on the Certificate of Land Use Rights, Ownership of assets attached to the land, unless the husband and wife have an agreement to list one person as the representative for the husband and wife.

In case the land use right, land use right, ownership of assets attached to the land or ownership of assets attached to the land is a common asset of the husband and wife but the Certificate of Land Use Rights, Ownership of Houses and Land Use Rights, Certificate of Ownership of Houses, Certificate of Ownership of Construction Works, Certificate of Land Use Rights, Ownership of Houses and other assets attached to the land, Certificate of Land Use Rights, Ownership of assets attached to the land issued only records the last name and first name of the wife or husband, the certificate shall be changed to include both the last name, first name of the wife and last name, first name of the husband if there is a request.

In case the land is under the land use rights of a household, a Certificate of Land Use Rights, Ownership of assets attached to the land shall be issued with the full names of members who have shared land use rights in the household recorded on the Certificate of Land Use Rights, Ownership of assets attached to the land and given to the representative.

In case members with shared land use rights in a household have a need, a Certificate of Land Use Rights, Ownership of assets attached to the land with the name of the household representative recorded on the Certificate of Land Use Rights, Ownership of assets attached to the land shall be issued and given to the representative of the household.

The determination of members with shared land use rights in a household to be included on the Certificate of Land Use Rights, Ownership of assets attached to the land shall be agreed upon and the individuals themselves shall be responsible before the law.

SOURCEcafef
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