Mr. Le Nguyen Duc (Da Nang) asked: “Certificate of land use right not in accordance with the land area” must be corrected revocation under Point d, Clause 2, Article 106 of the Land Law 2013 is understood?
According to Mr. Duc, now the cadastral and housing agencies apply inconsistency on the correction of the certificate issued incorrect land area. He suggested the Ministry of Natural Resources and Environment explain these terms in accordance with the Land Law.
For example, in the first case, in the cadastral file of the land parcel showing 80 sqm, the certificate was still 80 sqm but when it was lodged, the Office of Natural Resources and Environment measured the actual area of 85 sqm. Or cadastral file of 80 sqm but in the certificate of 85 sqm. In the second case, in the initial cadastral file, the land plot was measured 80 sqm, the certificate was still 80 sqm, the actual measurement is still 80 sqm. When the adjacent house complains of overlapping boundaries, the Department of Natural Resources and Environment said that the revocation of correction of the certificate issued after the application of the above law “certificate of incorrect allocation of the land” as above.
So, which case must correct the recall, in which case must adjudicate in court according to the right and the law?
The Ministry of Natural Resources and Environment responded to this problem as follows:
According to the provisions of Article 106 of the Land Law, certificates of improper allocation of land are cases where the land area has been granted certificates not in accordance with the actual area being used and meet the conditions for the grant of permits according to regulations. of the law (granted lacking or redundant area). In this case, the State shall withdraw the granted certificates for re-grant according to the provisions of Clause 1 of Article 106, not in the case of correction of the already granted certificates (prescribed in Clause 2, Article 106).
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If there is an error in writing the certificate on the area of the certificate holder compared with the area declared by the land user, The land registration office shall check and certify the eligibility for the certificate, then correct the error without having to revoke the granted certificate.
In two cases, Mr. Duc exemplified that the first case of the certificate was not enough space actually used due to the error in the measurement, so the certificate will be issued to issue a new certificate. according to the procedures prescribed in Article 76 of Decree No. 43/2014 / ND-CP.
In the second case, the certificate has been granted the actual area used, so it shall not be revoked or amended.
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