When inspectors re-measure and produce an area different from the certificate, FDI enterprises often struggle because the gap triggers back-payment or refund of many years of land rent. This issue of re-measurement of leased land area during inspections arises during the site-operation stage of an FDI project, when land costs and compliance duties start to affect cash flow directly.
Original texts and validity to verify
Land inspection relevant to re-measurement of leased land area during inspections follows Land Law 31/2024/QH15, inspection law and the inspection plans of natural-resources authorities. Discrepancies must be recorded in a technically grounded measurement minute. Administrative land violations connected with re-measurement of leased land area during inspections are fined under Decree 123/2024/ND-CP as amended by Decree 281/2026/ND-CP (effective 31/8/2026, consolidated in VBHN 73/2026/VBHN-ND-BNNMT): the fining authority of commune-level People’s Committee chairs rises to VND 250 million for individuals and VND 500 million for organizations, and district-level authority is abolished. Actual area larger than the book: back-payment risk on the difference. Enterprises should apply this current framework to re-measurement of leased land area during inspections instead of older guidance.
Points that decide the outcome in practice
- Discrepancies must be recorded in a technically grounded measurement minute. Re-measurement results are usable only when taken by valid cadastral methods, with the enterprise notified or participating, and recorded in the inspection team’s working minutes.
- Actual area larger than the book: back-payment risk on the difference. Area used beyond the lease file can have rent recalculated from actual use, and may be fined under Decree 123/2024/ND-CP as amended by Decree 281/2026/ND-CP if encroachment is involved.
- Actual area smaller than the book: right to request a downward adjustment. If the enterprise pays rent for more area than the confirmed actual use, it may request cadastral file adjustment and rent re-determination for later periods.
What to do now
- Ask to witness the measurement and sign minutes with reserved opinions if figures are not agreed on site.
- Proactively declare and propose re-determining the leased area when a gap is self-detected, before inspectors conclude.
- Prepare the adjustment file with an independent measurement by a licensed surveying unit.
Conclusion
In short, on re-measuring leased land area inspection discrepancies, the enterprise should fix its plan in writing based on legal texts in force, and keep evidence of implementation for any later inspection.
Frequently Asked Questions
If re-measurement shows the actual area differs from the certificate, how is it handled?
Short answer: Discrepancies must be recorded in a technically grounded measurement minute. Re-measurement results are usable only when taken by valid cadastral methods, with the enterprise notified or participating, and recorded in the inspection team’s working minutes. Re-determining area and rent must go through cadastral file adjustment under Land Law 31/2024/QH15 and Decree 102/2024/ND-CP. Check this against the project file first.
If the actual area is larger than recorded, must additional rent be paid?
In principle: Actual area larger than the book: back-payment risk on the difference. Area used beyond the lease file can have rent recalculated from actual use, and may be fined under Decree 123/2024/ND-CP as amended by Decree 281/2026/ND-CP if encroachment is involved. Re-determining area and rent must go through cadastral file adjustment under Land Law 31/2024/QH15 and Decree 102/2024/ND-CP. If authority is unclear, ask in writing.
If the actual area is smaller than recorded, can rent be reduced?
The distinction that matters: Actual area smaller than the book: right to request a downward adjustment. If the enterprise pays rent for more area than the confirmed actual use, it may request cadastral file adjustment and rent re-determination for later periods. Re-determining area and rent must go through cadastral file adjustment under Land Law 31/2024/QH15 and Decree 102/2024/ND-CP. Fix verbal understandings in writing.
What can be done if the enterprise disagrees with the inspection team’s measurement?
From the actual file’s perspective: Discrepancies must be recorded in a technically grounded measurement minute. Re-measurement results are usable only when taken by valid cadastral methods, with the enterprise notified or participating, and recorded in the inspection team’s working minutes. Re-determining area and rent must go through cadastral file adjustment under Land Law 31/2024/QH15 and Decree 102/2024/ND-CP. Keep supporting records year by year.
This article has been quality-reviewed by the FLAW AI Legal Council