How does the amended Land Law regulate the handling of land area discrepancies with land use rights certificates?
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The Land Law stipulates that the Land Use Right Certificate, together with the ownership of assets attached to the land, shall be granted to those with the right to use the land and own assets attached to it, in a unified format across the country.
Each co-owner of a land lot shall be granted a separate Land Use Right Certificate
According to the Law, the principle of granting the Land Use Right Certificate, together with the ownership of assets attached to the land, is to issue a certificate for each land lot to those with the right to use the land and own assets attached to it, provided they have the necessary requirements as stipulated by this Law. In cases where a land user is using multiple agricultural land lots in the same commune, ward, or town and requests to do so, they shall be granted a single Land Use Right Certificate for all these land lots.
If a land lot has multiple co-owners, each person shall be granted a separate Land Use Right Certificate. However, if these co-owners request to do so, they shall be collectively granted a single Land Use Right Certificate, which shall be handed over to their representative.
The Land Use Right Certificate shall only be granted after the land user and owner of assets attached to the land have fulfilled their financial obligations
The Land Use Right Certificate, along with the ownership of assets attached to the land, shall only be granted after the land user and owner of assets attached to the land have fulfilled their financial obligations as stipulated by law.
In cases where the land user and owner of assets attached to the land are not subject to financial obligations or are exempt from them, or their financial obligations are recorded as debts, the Land Use Right Certificate shall be granted after the competent authority determines that there is no need to fulfill financial obligations or that they are exempt or recorded as debts. For land lease with annual land rent payments, the Land Use Right Certificate shall be granted after the competent authority issues a decision on land lease and signs a land lease contract.
If a land user donates their land use rights to the State or to the community of residents to build works serving the common interests of the community or to expand traffic roads according to the planning, or to build houses of gratitude, love, and great unity attached to the land as prescribed by law, the State shall have the responsibility to arrange funds for land measurement, rectification, and updating of land dossiers and granting of the Land Use Right Certificate to the land user as prescribed by this Law. The land user shall not have to pay any fees in this case.
In case of common property of husband and wife, both their names must be included in the Land Use Right Certificate
If the land use right or the land use right and ownership of assets attached to the land are common property of the husband and wife, both their full names must be included in the Land Use Right Certificate, unless the husband and wife agree to have only one person’s name on the certificate as their representative.
If the land use right or the land use right and ownership of assets attached to the land are common property of the husband and wife, and the Land Use Right Certificate, the Certificate of Ownership of House and Land Use Right, the Certificate of Ownership of House, the Certificate of Ownership of Construction Works, the Certificate of Land Use Right and Ownership of Houses and Other Assets Attached to the Land, or the Certificate of Land Use Right and Ownership of Assets Attached to the Land has been granted only in the name of the husband or wife, it shall be changed to include the full names of both spouses upon their request.
Household members with common land use rights shall agree on whose names will be included in the Land Use Right Certificate
In the case of land lots belonging to households, a single Land Use Right Certificate, together with the ownership of assets attached to the land, shall be granted with the full names of household members having common land use rights included in the certificate and handed over to their representative.
If household members with common land use rights so request, a single Land Use Right Certificate, together with the ownership of assets attached to the land, shall be granted with the name of the household representative included in the certificate and handed over to that representative.
The determination of household members with common land use rights to be included in the Land Use Right Certificate, together with the ownership of assets attached to the land, shall be made by these members themselves through mutual agreement, and they shall be responsible for their decision before the law.
Handling discrepancies in land area compared to the Land Use Right Certificate
In cases where there is a discrepancy in area between the actual measurement data and the data recorded in the papers specified in Article 137 of this Law or the Land Use Right Certificate, the Certificate of Ownership of House and Land Use Right, the Certificate of Land Use Right and Ownership of Houses and Other Assets Attached to the Land, or the Certificate of Land Use Right and Ownership of Assets Attached to the Land that has been granted, and the boundary of the land lot being used remains unchanged compared to the boundary of the land lot at the time of issuance of the papers on land use rights, the Certificate of Land Use Right, the Certificate of Ownership of House and Land Use Right, the Certificate of Land Use Right and Ownership of Houses and Other Assets Attached to the Land, or the Certificate of Land Use Right and Ownership of Assets Attached to the Land, and there is no dispute with adjacent land users, when granting or changing the Land Use Right Certificate, together with the ownership of assets attached to the land, the land area shall be determined based on actual measurement data.
If the re-measurement results in a change in the boundary of the land lot compared to the boundary at the time of issuance of the papers on land use rights or the Land Use Right Certificate, the Certificate of Ownership of House and Land Use Right, the Certificate of Land Use Right and Ownership of Houses and Other Assets Attached to the Land, or the Certificate of Land Use Right and Ownership of Assets Attached to the Land that has been granted, and the actual measured area is larger than the area recorded in these papers or certificates, the discrepancy shall be considered for granting the Land Use Right Certificate.
If the granted Land Use Right Certificate, the Certificate of Ownership of House and Land Use Right, the Certificate of Land Use Right and Ownership of Houses and Other Assets Attached to the Land, or the Certificate of Land Use Right and Ownership of Assets Attached to the Land is inaccurate in terms of location, it shall be reviewed and changed for the land user.
The Government shall provide detailed regulations on the granting of the Land Use Right Certificate, together with the ownership of assets attached to the land, the re-determination of residential land area, and the amendment, revocation, and cancellation of granted certificates.
