Regulations on correcting red books when detecting houses built on areas that are not residential land
Readers wonder about whether houses built on land area for perennial crops, not residential land, will be corrected on the red book?
Reader P.V. C (Hanoi) asked: You were given a plot of land with an area of 145m2, and were granted a Certificate of Land Use Rights in February 2024, of which 40m2 is residential land and 105m2 is perennial crop land.
In the land plot extract on the Certificate of Land Use Rights, the location of residential land and perennial crop land, the 40m2 residential land adjacent to the alley and 105 m2 perennial crop land inside are identified. The boundary between these 2 types of land is marked with a dashed line.
However, the actual situation at the location of perennial crop land has a house left by his father with an area of 40m2, built from the early 1990s. Now Mr. C discovered that the residential land location does not match the location of the house and wants to correct the Certificate of Land Use Rights to suit the current situation.
Mr. C asked, can you propose to correct the Certificate of Land Use Rights by removing the line separating residential land and perennial crop land on the Certificate of Land Use Rights?
The Ministry of Agriculture and Environment answers this question as follows:
Land law does not have regulations on showing the boundary between residential land and perennial crop land in cases where the land plot includes residential land and other land.
According to the provisions of Clause 4, Section I of Appendix No. 01 issued together with Circular No. 25/2014/TT-BTNMT dated May 19, 2014 regulating cadastral maps, only the boundaries of works on land that are houses are specified by broken lines.
At the same time, the 2024 land law has specific regulations on correcting the Certificate issued in Clause 1, Article 152 of the 2024 Land Law.
The order and procedures for correcting the Certificate issued are in Section XIV, Content C, Part V, Appendix I issued together with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government stipulating the demarcation of authority of local authorities at 2 levels, decentralization and decentralization in the field of land.
Therefore, it is requested that he contact the competent authority in the locality to be considered and resolved according to his authority and according to the provisions of law.
See the original here.
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