What are cases where the State shall revoke the certificate of land use rights (LURC) in Vietnam under Land Law 2024? What are cases of cancellation of LURC in Vietnam from August 1, 2024?
What are cases where the State shall revoke the LURC in Vietnam under Land Law 2024?
Based on Clause 2, Article 152 of the Land Law 2024 which stipulates the cases in which the State will revoke issued LURCs as follows:
(1) The State revokes the entire area of land recorded in:
+ Land Use Rights Certificate
+ House Ownership and Homestead Land Use Rights Certificate
+ House Ownership Certificate
+ Building Ownership Certificate
+ Land Use Rights, House Ownership, and Other Assets Attached to Land Certificate
+ Land Use Rights Certificate, Certificate of Ownership of Assets Attached to Land that has been issued.
(2) Issuing replacement:
+ Land Use Rights Certificate
+ House Ownership and Homestead Land Use Rights Certificate
+ House Ownership Certificate+ Building Ownership Certificate
+ Land Use Rights, House Ownership, and Other Assets Attached to Land Certificate
+ Land Use Rights Certificate, Certificate of Ownership of Assets Attached to Land that has been issued.
(3) Land users, owners of assets attached to land register land changes, assets attached to land requiring re-issuance of Land Use Rights Certificate, Certificate of Ownership of Assets Attached to Land.
(4) Issued certificates which are not granted in the correct authority, incorrect land user, incorrect land area, insufficient conditions for issuance, incorrect land use purpose or land use term or the origin of land use according to the land law at the time of certificate issuance.
(5) Issued certificates revoked by a competent court.
(6) In the case of auction, transfer of land use rights, and assets attached to land upon the request of the Court or the enforcement agency, where the person obliged by the enforcement order fails to submit the issued certificate.
Thus, the State will revoke issued LURCs under these circumstances.
What are cases where the State shall revoke the LURC in Vietnam under Land Law 2024? What are cases of cancellation of LURC in Vietnam from August 1, 2024? (Internet image)
What are cases of cancellation of LURC in Vietnam from 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 case of revocation of issued certificates according to Clause 2 and Clause 5 of this Article, if land users, owners of assets attached to land do not submit the issued certificate, the competent authority to issue Land Use Rights Certificate, Certificate of Ownership of Assets Attached to Land as stipulated in Article 136 of this Law shall decide to cancel the issued certificate.
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Thus, LURCs will be canceled if land users or owners of assets attached to land fall under the circumstances of certificate revocation below but do not submit the issued certificate. Such cases include:
(1) The State revokes the entire area of land recorded in:
+ Land Use Rights Certificate
+ House Ownership and Homestead Land Use Rights Certificate
+ House Ownership Certificate
+ Building Ownership Certificate
+ Land Use Rights, House Ownership, and Other Assets Attached to Land Certificate
+ Land Use Rights Certificate, Certificate of Ownership of Assets Attached to Land that has been issued;
(2) Issuing replacements of the following documents:
+ Land Use Rights Certificate
+ House Ownership and Homestead Land Use Rights Certificate
+ House Ownership Certificate
+ Building Ownership Certificate
+ Land Use Rights, House Ownership, and Other Assets Attached to Land Certificate
+ Land Use Rights Certificate, Certificate of Ownership of Assets Attached to Land that has been issued;
(3) Land users, owners of assets attached to land register land changes, assets attached to land requiring re-issuance of Land Use Rights Certificate, Certificate of Ownership of Assets Attached to Land;
(4) Issued certificates that are not granted in the correct authority, incorrect land user, incorrect land area, insufficient conditions for issuance, incorrect land use purpose or land use term or the origin of land use according to the land law at the time of certificate issuance;
(5) Issued certificates revoked by a competent court;
(6) In the case of auction, transfer of land use rights, and assets attached to land upon the request of the Court or the enforcement agency, where the person obliged by the enforcement order fails to submit the issued certificate;
(7) The revocation of Land Use Rights Certificate, House Ownership and Homestead Land Use Rights Certificate, House Ownership Certificate, Building Ownership Certificate, Land Use Rights, House Ownership, and Other Assets Attached to Land Certificate, and Land Use Rights Certificate, Certificate of Ownership of Assets Attached to Land that has been issued not falling under the circumstances stipulated in clauses (1), (2), (3), (4), (5), (6) shall only be conducted when there is a court judgment or decision that has been executed or a document from the enforcement agency recommending the execution of the court's judgment or decision comprising the content of revoking the issued certificate.
When will the Land Law 2024 take effect in Vietnam?
Pursuant to Article 252 of the Land Law 2024 as amended by Clause 2, Article 1 of the Law Amending the Land Law, Housing Law, Real Estate Business Law, and Law on Credit Institutions 2024 stipulates as follows:
Entry into force
1. This Law takes effect from August 1, 2024, except for the cases provided for in Clause 2 and Clause 3 of this Article.
2. Article 190 and Article 248 of this Law take effect from April 1, 2024.
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The Land Law 2024 takes effect in Vietnam from August 1, 2024.
Article 190 of the Land Law 2024 and Article 248 of the Land Law 2024 take effect in Vietnam from April 1, 2024.
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