Is the increased area due to re-survey recognized as residential land?

VTV.vn - The increased area due to re-surveying can be recognized as residential land depending on the records and local authority; if people do not agree with the results, they have the right to appeal.

Illustration photo.

Mr. Hoang Van Dung's family ( Thanh Hoa ) bought a piece of land in 1986. The land was originally granted by the government around 1980-1981, located in a residential area, 3 sides bordered by residential houses, one side bordered by irrigation ditches for fields.

After buying the land, Mr. Dung's family lived there until about 1996, then moved to another place due to low land, but still maintained care, livestock and farming.

On April 24, 2008, his family was granted a Land Use Rights Certificate for the above land. At the time of receiving the Certificate, due to the low-lying location, the surrounding fence was a bit dense, one side was adjacent to the neighbor's fish pond, the dense pond bank had eroded, so the manual measurement at that time gave the land area as 230 ^m2 .

Currently, there is a policy of reissuing new Certificates. Mr. Dung's family registered after clearing trees, building brick fences, and re-enclosing the pond. The surveyor confirmed that the measurement increased by 39 ^m2 (total area is 230 + 39 = 269 ^m2 ).

Although there was no change in boundaries and no land disputes with surrounding households, the officials in charge still did not recognize and include this surplus land area as land for perennial crops.

The excess area is legal land due to the land conditions at that time and the manual measurement was not accurate, so there were errors. Currently, his family and the surrounding households do not have any disputes, the surrounding households have also been re-issued Certificates around 2021-2022, while the fence around his family was built in 2010.

Mr. Dung asked, is the family's surplus area recognized as residential land merged into the original area of ​​the Certificate? Is the implementing agency correct in cutting across the family's land and assuming that this must be land for perennial crops because the surplus area must be so, as stipulated? When the commune land registration unit does not approve the request, how should the family make a request, and to which unit?

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

The content of your reflection is a specific case under the jurisdiction of the locality and needs to be based on the archived records and specific regulations issued by the locality under its authority to implement the Land Law for consideration and resolution; therefore, the Ministry has no basis to respond. The Ministry would like to state some principles as follows:

Current land law has specifically regulated the issuance of Certificates of land use rights and ownership of assets attached to land for the first time to households and individuals using land in Articles 137, 138, 139 and 140 of the Land Law.

The Government has fully regulated the components of the submitted dossier, the order and procedures for implementation in Decree No. 101/2024/ND-CP dated July 29, 2024, regulating basic land survey; registration, granting of Certificates of land use rights, ownership of assets attached to land and the Land Information System and Decree No. 151/2025/ND-CP dated June 12, 2025, regulating the division of authority of local authorities at 02 levels, decentralization and decentralization in the land sector.

At the same time, the Minister of Agriculture and Environment issued Decisions: No. 2304/QD-BNNMT dated June 23, 2024, No. 3380/QD-BNNMT dated August 25, 2025 promulgating administrative procedures in the land sector under the state management scope of the Ministry of Agriculture and Environment, accordingly, stipulating each specific land procedure including:

(1) Implementation order; (2) Implementation method; (3) Components and quantity of documents; (4) Processing time; (5) Subjects performing administrative procedures; (6) Agency performing administrative procedures; (7) Results of administrative procedure implementation; (8) Fees and charges; (9) Name of application form, declaration; (10) Requirements and conditions for performing administrative procedures (if any); (11) Legal basis of administrative procedures.

The Ministry of Agriculture and Environment informs you to know and study the implementation. In the process of implementing administrative procedures on land, if you do not agree with the results of the administrative procedure settlement by the local competent authority, you have the right to complain and sue the administrative decision and administrative act on land management according to the provisions of Article 237 of the Land Law and Article 7 of the 2011 Law on Complaints.

Source: https://vtv.vn/dien-tich-tang-do-do-dac-lai-co-duoc-cong-nhan-la-dat-o-100251117074545316.htm