Is it possible to issue a LURC when there is no bordering signature of the adjacent household in Vietnam?

Is it possible to issue a LURC when there is no bordering signature of the adjacent household in Vietnam? (Artwork)

According to Clause 2, Article 8 of Circular 33/2017/TT-BTNMT, amending and supplementing Point 2.4, Clause 2, Article 11 of Circular 25 as follows:

• In the event that the land users and adjacent land users are absent during the measurement period, the making of a description of the boundaries and landmarks of the land plot shall be carried out by the surveyor, the remaining stakeholders and the surveyor. determined according to the field and according to the relevant land plot records (if any).
• The measurement unit shall transfer the description of the established boundaries and landmarks of the land plot to the commune-level People's Committee to confirm its absence and announce it on the loudspeakers of the commune. It shall also be publicly posted at the headquarters of the commune-level People's Committee for land users to sign for certification.
• After 15 days from the date of notification, if the land user is not present and there are no complaints or disputes related to the boundaries and landmarks of the land plot, the boundary of the land parcel shall be determined according to the established description.
• In case, after 10 days from the date of receipt of the description of the boundaries and landmarks of the land plot, the adjacent land user does not sign for certification, and there is no document to show that there is a dispute, complaint or denunciation related to the land plot boundary: the land parcel boundary is determined according to the description already approved by the remaining stakeholders. The surveyor signs for certification and clearly states the reason why the adjacent land user does not sign for certification in the "reasons for disagreement" section of the description of the boundaries and landmarks of the land plot.

Thus, in the event that the adjacent household is absent during the measurement period and after 10 days from the date of receiving the boundary description, the adjacent household does not sign the description; at the same time, if there is no document showing that there is a dispute, complaint, or denunciation related to the boundary of the land plot, the description will still be accepted. Therefore, a land user can still be granted a land use right certificate when meeting the conditions for grant of a certificate even if there is no confirmation (bordering signature) of the adjacent land user.

Bao Ngoc

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