Law

In 2025, when transferring the Red Book, do we have to re-measure the land?

PL DNUM_AEZAIZCACF 17:44

I am planning to transfer the entire plot of land to a friend. I would like to know if the land needs to be re-measured when transferring the Red Book? This is a concern of Ms. Hoang Hien (Dien Chau commune, Nghe An).

Reply:When transferring the name of the Red Book (Red Book - the legal name is the Certificate of land use rights, ownership of assets attached to land), re-measurement of land is not always mandatory. Pursuant to Clause 3, Article 37 of Decree 101/2024/ND-CP, re-measurement is carried out in the following cases:

(1) In case of transferring the Red Book for a land plot that already has a Red Book, the Land Registration Office will not request re-measurement, unless requested by the land user or owner of the property attached to the land.

(2) In case of transferring the name of the Red Book but the issued Red Book has not used the cadastral map or extracted cadastral map of the land plot, the land user has a need to issue a new Red Book or is in a case where a new Red Book must be issued, the Land Registration Office must measure and re-determine the area of ​​the land plot.

sang-ten-so-do(1).jpg
Illustration photo.

Land users are recognized based on the results of cadastral map extracts or cadastral map measurements and must pay the measurement costs according to regulations; in case of re-measurement, the land plot area is larger than the area on the issued Red Book, the land plot boundary does not change compared to the land plot boundary at the time of issuance of the Red Book, the land user must fulfill financial obligations regarding land use fees for the additional residential land area beyond the residential land limit, land rent for the additional area according to the provisions of law at the time of issuance of the previous Red Book.

(3) In case the land plot area is reduced due to natural disasters such as natural landslides, the Land Registration Office is responsible for measuring and re-determining the land plot area using State funds.

Thus, if only the entire land plot with a Red Book is transferred and there is no change in area, boundary or purpose of use of the land plot... then it is possible not to re-measure the land plot.

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In 2025, when transferring the Red Book, do we have to re-measure the land?
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