Procedures for issuing land ownership certificates for increased land area.

A reader asks: I own a 180m2 plot of land for which I received a land title certificate in 1995. In 1996, my family built a house and purchased an additional 20m2 of land from a neighbor. The transaction was only documented with handwritten papers and the transfer of ownership was not officially registered with the government. Currently, my family is using the land without any disputes. What procedures do I need to follow to have the additional land recognized in my land title certificate?

Answer: Lawyer Nguyen Thi Hao – Head of Hao Anh Law Office, stated: The discrepancy between the land area recorded in the Certificate of Land Use Rights and the actual area used can have many different causes, the most common of which are: receiving land use rights through transfer but not registering the change, errors due to the surveying process when issuing the Certificate, errors in recording the coordinates of the land plot boundaries, encroachment or being encroached upon, etc.

According to Article 133 of the Land Law, changes to the boundaries, markers, dimensions of sides, area, number, and address of a land parcel must be registered as changes.

According to the reader's statement, the family's land falls under the category of land with a Certificate of Land Use Rights, and the land area has increased due to the transfer of land use rights, but the procedures for registering the change of ownership as required by law have not yet been completed.

Based on point a, clause 2, Article 24 of Government Decree 101/2024/ND-CP dated July 29, 2024, it is stipulated that: “2. In cases where the original land parcel already has a Certificate of Land Use Rights, the following procedures shall apply: a) In cases where the increased area resulting from the transfer of land use rights for a portion of a land parcel already granted a Certificate of Land Use Rights has not been processed according to the law before the effective date of this Decree, the procedure for issuing a Certificate of Land Use Rights and Ownership of Assets Attached to Land shall be carried out for the entire area of the land parcel currently in use; the Land Registration Office shall amend the Certificate of Land Use Rights of the party transferring land use rights according to regulations.”

Therefore, readers need to carry out the procedure for obtaining a Certificate of Land Use Rights Transfer and Ownership of Assets Attached to Land for the entire area of the land plot they are using (including the land area purchased from their neighbor).

The application dossier for a Certificate of Land Use Rights and Ownership of Assets Attached to Land is regulated in Section II; Point 14, Section VI, Content C, Part V of Appendix I issued with Decree 151/2025/ND-CP as follows:

1. Application for land and property changes according to Form No. 18 issued with Decree 151/2025/ND-CP;

2. The certificate has been issued;

3. Documents regarding the transfer of land use rights for the increased area.

Applications are submitted to the Land Registration Office where the land is located. If submitted at the One-Stop Service Center, the application will be forwarded to the Land Registration Office by that agency.

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Source: https://baolaocai.vn/thu-tuc-cap-so-do-voi-dien-tich-dat-tang-them-post888757.html