The Ministry of Agriculture and Environment (MAE) has clarified the mandatory handling procedures in such cases.

A citizen reported that his family is currently using a parcel of perennial crop land that has been granted a land use right certificate. Recently, the family submitted an application to change the land-use purpose to residential land in order to build a house on it.

However, during the process, surveying agencies and the one-stop administrative unit found that the actual land area was smaller than the area recorded in the land use right certificate.

Following guidance from the commune-level People’s Committee and the surveying unit, the family conducted a re-survey, prepared reconciliation records, and adjusted the land area based on actual measurements. Despite this, the processing of the application was prolonged, with no appointment slip issued for result delivery, leaving the citizen uncertain about when the procedure would be completed.

From this situation, the citizen raised questions: How is the procedure for changing land-use purposes handled when the actual land area differs from the area stated in the land use right certificate? When citizens submit land-related administrative applications, are receiving authorities required to issue an appointment slip for result delivery?

Adjustment of cadastral records

Responding to this issue, MAE stated that under Point b, Clause 1, Article 121 of the Land Law, changing land-use purposes from agricultural land to residential land must be approved by a competent state authority.

The order and procedures for granting permission to change land-use purposes are stipulated in Article 227 of the 2024 Land Law, and implemented in accordance with Clauses 2, 3, 4, and 6 of Article 44 of Government Decree No102/2024/ND-CP, which provides detailed regulations for the implementation of certain provisions of the Land Law.

In addition, under Government Decree No151/2025 on the delineation of authority between two-tier local administrations and the decentralization and delegation of powers in the land sector (effective from July 1, 2025), the procedures for changing land-use purposes are specified in Section I, Part III attached to the decree.

According to regulations, if the actual land area differs from the area stated in the issued land-use right certificate, re-surveying and verification of the current land-use status are mandatory.

“The adjustment and reissuance of the land-use right certificate constitute a mandatory legal basis for continuing to process the application for changing land-use purposes. Competent authorities are not permitted to grant approval for changing land-use purposes when the land parcel area and boundaries are inconsistent and have not been fully updated in the cadastral records,” the ministry said..

For cases involving land area discrepancies, MAE stated that the lawful handling process consists of two stages.

The first stage is the adjustment of cadastral records. Competent authorities receive requests for adjustment and reissuance of land-use right certificates, conduct re-surveys of the land parcel, prepare records confirming the current land-use status, update cadastral records, and reissue the certificate based on the actual land area.

Only after completing this stage can authorities proceed to review the application for changing land-use purposes, including assessing compliance with land-use planning, determining financial obligations, issuing decisions permitting the change of land-use purposes, and updating the land-use category in the land-use right certificate.

“As such, the temporary suspension of a citizen’s application for changing land-use purposes during the handling of land area discrepancies has a legal basis. However, this must be carried out in accordance with proper procedures, within a defined timeframe, and with clear notification to the citizen,” the ministry stated.

Authorities must issue appointment slips

Regarding reports of the absence of appointment slips for result delivery, MAE affirmed that under regulations governing administrative procedures conducted through the one-stop mechanism, when a receiving authority accepts a valid application from a citizen, it is mandatory to issue a receipt and an appointment slip for result delivery. 

This document must clearly state the date of receipt, application components, expected date of result delivery, and the responsible authority.

If an application does not yet meet the conditions for acceptance, the authority must provide one-time written guidance to the citizen on how to supplement and complete the application. Authorities are not allowed to require citizens to make multiple trips or repeated surveys without issuing an appointment slip or providing an official written explanation for delays.

Hong Khanh