What to Do When the Land Use Right Certificate Records Incorrect Actual Area?
Clause 1, Article 106 of the 2013 Land Law stipulates that the competent authority issuing the Certificate of Land Use Rights is responsible for correcting the issued certificate with errors in cases where there are discrepancies in information about the parcel, assets attached to the land compared to the land registration and asset declaration records, which have been verified by the land registration agency.
According to Clause 5, Article 98 of the 2013 Land Law:
In cases where there is a discrepancy in the area between the actual measurement data and the data recorded on the documents stipulated in Article 100 of this Law or the issued Certificate, and the boundary of the parcel being used has not changed compared to the boundary of the parcel at the time of having documents on land use rights, and there is no dispute with adjacent land users, then when issuing or replacing the Certificate of Land Use Rights, Home Ownership, and Other Property Associated with Land, the land area shall be determined according to the actual measurement data. The land user is not required to pay additional land levy for the excess area if any.
Thus, in the case of incorrect parcel information on the certificate, you shall proceed to rectify the issued Certificate at the People's Committee of Bao Loc City.
The procedure for correcting the Certificate is carried out in accordance with Article 86 of Decree 43/2014/ND-CP, specifically: 1. The land user or owner of assets attached to the land submits the Certificate, Certificate of House Ownership, Certificate of Construction Ownership with errors to the Land Registration Office for correction. In cases where the error is due to the land user or asset owner's fault, he or she must submit a request to correct the error. If the Land Registration Office discovers an issued Certificate, Certificate of House Ownership, Construction Ownership with errors, it shall notify the land user and request the submission of the issued Certificate for correction. 2. The Land Registration Office is responsible for checking; drafting a record concluding the content and cause of the error; preparing a dossier to submit to the competent authority to correct the error in the issued Certificate, Certificate of House Ownership, Construction Ownership; and simultaneously correcting the erroneous content in the cadastral records and land database. 3. In case of correction, if the person issued with the Certificate, Certificate of House Ownership, Construction Ownership requests the replacement with a Certificate of Land Use Rights, Home Ownership, and Other Property Associated with Land, the Land Registration Office submits to the competent authority to issue the Certificate of Land Use Rights, Home Ownership, and Other Property Associated with Land.
Sincerely!
