The procedure for reissuing land use rights certificates is wrong
1. Procedures for reissuing land use rights certificates are incorrect:
Pursuant to the provisions of Article 106 of the Land Law 2013, regulations on correction and revocation of issued Certificates are as follows:
-The competent authority issuing the Certificate will be responsible for correcting the issued Certificate with errors in the following cases:
+ There are errors in information such as name, legal or personal documents, address of the land user, owner of assets attached to the land compared to the legal or personal documents at the time issue the person's Certificate;
+ There are errors in information about the land plot and assets attached to the land compared to the land registration declaration dossier and assets attached to the land that have been checked and confirmed by the land registration agency.
– In the following cases, the state will revoke the issued Certificate:
+ The State will recover all land areas on the issued Certificate;
+ Reissue of issued Land Use Rights Certificate;
+ Current land users and owners of assets attached to land register changes in land and assets attached to land and must issue a new Certificate of land use rights, ownership of houses and assets. other attached to land;
+ Land use rights certificate issued without proper authority, incorrect land use object, incorrect land area, incorrect granting conditions, incorrect land use purpose or term Land use or land use origin according to the provisions of land law, except in cases where the person granted that Certificate has transferred land use rights and ownership of assets attached to land in accordance with regulations. of land law
– The revocation of the issued Certificate in the case specified in Point d, Clause 2 of this Article will be by the competent authority issuing the Certificate of land use rights, ownership of houses and other attached assets. With regard to land specifically specified in Article 105 of this Law, the decision will be made after the conclusion of the inspection agency at the same level and the effective document of the competent state agency on land dispute resolution.
Also based on the provisions of Article 86 of Decree 43/2014/ND-CP amended and supplemented by Decree 01/2017/ND-CP regulating the renewal of Certificates and Certificates of housing ownership, Certificate of ownership of construction works as follows:
– Land users and owners of assets attached to land must directly submit the Certificate, Certificate of House Ownership, and Certificate of Construction Ownership that have been issued with errors to the Office. Land registration for correction. In cases where errors are due to the fault of the land user or owner of assets attached to the land, the land user or owner of assets attached to the land will have to submit a request for correction.
+ In cases where the Land Registration Office discovers that the issued Certificate, House Ownership Certificate, or Construction Project Ownership Certificate has errors, it will be responsible for notifying the owner. Land users know and request land users and owners of assets attached to land to submit the issued Certificates for correction.
– The land registration office will be responsible for inspection; Make a record to conclude the content and cause of the error; prepare documents and submit them to the competent authority to make corrections to the issued Certificate, Certificate of House Ownership, Certificate of Construction Work Ownership with errors; At the same time, errors must be corrected in cadastral records and land databases.
– For correction cases where the person issued with a Certificate, Certificate of House Ownership, Certificate of Construction Ownership has made a request to change to a Certificate of Land Use Rights, ownership of houses and other assets attached to land, the Land Registration Office will submit to the competent authority to issue a Certificate of land use rights, ownership of houses and other assets attached to land. land.
Thus, based on the above regulations, in your case, it is considered that your Certificate of Land Use Rights had the size number erased and then a new number printed over it, not adjusted by the Department of Natural Resources. Then you can make an application along with the Land Use Rights Certificate to confirm whether the adjusted information is accurate or not. Have errors been corrected in cadastral records and land databases?
2. What is the procedure for reissuing lost Land Use Rights Certificates directly at the district level?
Based on the Instructions issued together with Decision 1085/QD-BTNMT in 2023, there are instructions on the order of implementing procedures to re-issue lost Land Use Rights Certificates at the district level as follows:
Step 1: Individuals, households, and communities must declare to the commune-level People's Committee where the land is located that they have lost their Land Use Rights Certificate. The Commune People's Committee will be the agency responsible for posting notices of loss of Land Use Rights Certificates at the Commune People's Committee headquarters, except in cases of loss due to natural disasters or fires.
Step 2:After 30 days from the date of posting the notice of loss of Land Use Rights Certificate at the headquarters of the Commune People's Committee, in the case of households, individuals, residential communities, people who have lost the Certificate of Land Use Rights. Certificate of land use rights Submit 01 set of documents to request re-issuance of Certificate of Land Use Rights.
Step 3:The land use rights registration office will be responsible for performing the following tasks:
– Check documents;
– Extract the cadastral map or cadastral measurement of the land plot in cases where there is no cadastral map and no cadastral measurement of the land plot;
– Re-compile the dossier and submit it to the competent state agency to sign a decision on canceling the lost Certificate of Use Rights, and at the same time sign and re-issue the Certificate of Land Use Rights, House and Property Ownership. other attached to land;
– Correct and update changes in cadastral records and land databases;
– Return the Certificate of land use rights, ownership of houses and other assets attached to land to the person to whom it was issued or send it to the Commune People's Committee for discussion in case of submitting documents at the commune level.
3. Current regulations on authority to issue red books:
Pursuant to the provisions of Article 105 of the Land Law 2013, regulations on the Authority to issue red books are specifically as follows:
– Provincial People's Committees have the authority to issue red books to organizations and religious establishments; Vietnamese people residing abroad, foreign-invested enterprises implementing investment projects; foreign organizations with diplomatic functions.
The Provincial People's Committee will be authorized to authorize the natural resources and environment agency at the same level to issue red books.
– District-level People's Committees have the authority to issue red books to households, individuals, communities, and Vietnamese residing abroad to own houses associated with residential land use rights in Vietnam. .
– For cases where the competent authority has issued a Certificate, Certificate of housing ownership, Certificate of ownership of construction works to exercise the rights of land users and owners. Ownership of assets attached to land or replacement or re-issuance of Certificates, Certificates of House Ownership, Certificates of Ownership of Construction Works shall be carried out by the natural resources and environment agency according to regulations. government.
Legal documents used in the article:
– Land Law 2013
– Decree 43/2014/ND-CP is amended and supplemented by Decree 01/2017/ND-CP detailing the implementation of land law.