What should I do if I want to change my land title but lack the signature of the owner of the adjacent land?

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Ms. Nguyen Thi Mong Tho ( Dong Thap ) sent a letter to the Government's electronic information portal asking: Her family submitted an application for a new land use right certificate in February 2025. During the surveying process, the family collected boundary signatures from 3/4 of the adjacent landowners; the remaining landowner is currently not residing in the locality and therefore could not provide the boundary signature.

However, the surveying officer from the Land Registration Office branch informed them that due to the lack of signatures from the adjacent landowners, the application could not be processed further. They also requested that Ms. Tho's family provide the personal information of the unsigned adjacent landowners before proceeding with the posting procedure. Since submitting the application, the surveying officer has only communicated by phone and has not provided any documents regarding the application's progress.

Ms. Tho asked if it was possible for her family to apply for a replacement certificate.

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

The content of your inquiry falls under the jurisdiction and responsibility of local authorities regarding the procedures for renewing land use right certificates. However, the information provided does not specify whether a cadastral map already exists for that area. Therefore, the Ministry of Agriculture and Environment responds in principle as follows:

In cases where the area already has a cadastral map, the administrative agency must use the cadastral map (excerpt) to process the procedure for issuing a new land use certificate based on the cadastral map (in which case, a description of the land boundaries and landmarks will not be required); except in cases where the land user needs to have the land measured and re-determined in terms of size and area.

In cases where the area does not have a cadastral map, or where a cadastral map exists but the size and area of the land parcel have changed, cadastral map extraction and adjustment of the cadastral map shall be carried out. The preparation of the boundary and landmark description of the land parcel shall be carried out in accordance with the provisions of Clause 3, Article 13 of Circular No. 26/2024/TT-BTNMT. Specifically, Point c, Clause 3, Article 13 of Circular No. 26/2024/TT-BTNMT provides for cases where adjacent land users are absent throughout the surveying process or are present but do not participate in determining the boundary.

The Ministry of Agriculture and Environment is informing you of this so that you can study and implement it.

During the process of carrying out administrative procedures regarding land, if you disagree with the outcome of the administrative procedure resolved by the competent local authority, you have the right to file a complaint or lawsuit against the administrative decision or administrative act concerning land management as stipulated in Article 237 of the Land Law and Article 7 of the 2011 Law on Complaints.

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