According to the Land Law 2024, what are cases of revocation of the issued certificates by the State in Vietnam?
According to the Land Law 2024, what are cases of revocation of the issued certificates by the State in Vietnam?
According to Article 152 of the Land Law 2024:
Correction, revocation, cancellation of issued certificates
1. The competent authority for issuing the Certificate of land use rights, ownership of attached assets as regulated in Article 136 of this Law shall have the responsibility to correct the issued certificate in the following cases:
a) There are errors in the information of the certificate holder compared to the information at the time of correction;
b) There are errors in the information about the parcel, assets attached to the land compared to the land declaration registration file, assets attached to the land already verified or confirmed by the land registration organization, or presented in a valid document of the competent state authority regarding land dispute resolution.
2. The State revokes the issued certificate in the following cases:
a) The State revokes the entire area of land recorded in the Certificate of land use rights, Certificate of ownership of housing and homestead land use rights, Certificate of ownership of housing, Certificate of ownership of construction works, Certificate of land use rights, ownership of housing, and other assets attached to the land, Certificate of land use rights, ownership of assets attached to the land already issued;
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Thus, according to the Land Law 2024, the State revokes the issued certificate in the cases of: the certificate was issued without proper authority, to the wrong land user, incorrect area, not eligible for issuance, incorrect land use purpose or duration, or the origin of land use according to land law at the time of issuance.
According to the Land Law 2024, what are cases of revocation of the issued certificates by the State in Vietnam? (Image from the Internet)
What are cases are of cancellation of the issued certificates in Vietnam August 1, 2024?
According to Clause 6, Article 152 of the Land Law 2024:
Correction, revocation, cancellation of issued certificates
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6. In the event of revoking the issued certificate according to Clauses 2 and 5 of this Article, if the land user or owner of assets attached to the land does not submit the issued certificate, the authority competent to issue the Certificate of land use rights, ownership of assets attached to the land as stipulated in Article 136 of this Law shall decide to cancel the issued certificate.
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If the certificate is revoked in the cases below and the land user or owner of assets attached to the land does not submit the issued certificate, the authority competent to issue the Certificate of land use rights, ownership of assets attached to the land as regulated in Article 136 of the Land Law 2024 shall decide to cancel the issued certificate.
Thus, the certificate will be voided if the land user or owner of assets attached to the land belongs to one of the cases of revocation below but does not submit the certificate, including:
(1) The State revokes the entire area of land recorded in:
+ Certificate of land use rights+ Certificate of ownership of housing and homestead land use rights+ Certificate of ownership of housing+ Certificate of ownership of construction works+ Certificate of land use rights, ownership of housing, and other assets attached to the land+ Certificate of land use rights, ownership of assets attached to the land already issued;
(2) Re-issuance of types of certificates:
+ Certificate of land use rights
+ Certificate of ownership of housing and homestead land use rights
+ Certificate of ownership of housing
+ Certificate of ownership of construction works
+ Certificate of land use rights, ownership of housing, and other assets attached to the land
+ Certificate of land use rights, ownership of assets attached to the land already issued;
(3) The land user or owner of assets attached to the land registers for changes in land and assets attached to the land that require reissuing the Certificate of land use rights, ownership of assets attached to the land;
(4) The certificate was issued without proper authority, to the wrong land user, incorrect area, not eligible for issuance, incorrect land use purpose or duration, or the origin of land use according to land law at the time of issuance;
(5) The issued certificate was revoked by a competent court;
(6) In the case of auction, granting land use rights, and assets attached to the land according to the request of a court, enforcement agency where the obligor does not submit the issued certificate.
(7) Revocation of the Certificate of land use rights, Certificate of ownership of housing and homestead land use rights, Certificate of ownership of housing, Certificate of ownership of construction works, Certificate of land use rights, ownership of housing, and assets attached to the land, Certificate of land use rights, ownership of assets attached to the land not under the cases specified in items (1), (2), (3), (4), (5), (6) shall only be made when there is a judgment or decision of the court that has been executed or a document suggesting enforcement of the judgment of the execution body as prescribed by law, in which there is content requesting the revocation of the issued certificate.
When does the Land Law 2024 come into effect in Vietnam?
According to Article 252 of the Land Law 2024 as amended by Clause 2, Article 1 of the Law amending the Law on Land, Law on Housing, Law on Real Estate Business, and the Law on Credit Institutions 2024:
Effective Date
1. This Law shall come into effect from August 1, 2024, except for the cases stipulated in Clauses 2 and 3 of this Article.
2. Article 190 and Article 248 of this Law shall come into effect from April 1, 2024.
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The Land Law 2024 comes into effect in Vietnam on August 1, 2024.
Article 190 of the Land Law 2024 and Article 248 of the Land Law 2024 come into effect in Vietnam from April 1, 2024.
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