Summary of Four Cases of Issuing Land Use Rights Certificates in Violation of Current Laws
What cases are considered issuance of land use right certificates in violation of current regulations?
Based on Clause 2 Article 106 of the Land Law 2013 stipulates as follows:
Correction, revocation of issued Certificates
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2. The State shall revoke issued Certificates in the following cases:
a) The State revokes the entire land area on the issued Certificate;
b) Re-issuance of issued Certificates;
c) Land users and owners of assets attached to the land register land changes, assets attached to the land that require the issuance of new Certificates of land use rights, ownership of residential houses, and other assets attached to the land;
d) Issued Certificates that are not under proper authority, incorrect land users, incorrect land area, not qualified for issuance, not in accordance with the land use purpose, land use term, or origin of land use according to land law regulations, except in cases where the person granted the Certificate has transferred the land use right, ownership of the asset attached to the land as per land law regulations.
According to the above regulations, the cases considered illegal issuance of land use right certificates include:
- Issued land use right certificates not under proper authority- Issued land use right certificates with incorrect land area- Issued land use right certificates that do not meet the conditions for issuance- Issued land use right certificates that are not in accordance with the land use purpose, land use term, or land use origin.
Summary of 4 cases of issuing land use right certificates in violation of current regulations? (Image from the Internet)
How is the revocation of illegally issued land use right certificates carried out?
Based on Clause 4, Article 87 of Decree 43/2014/ND-CP amended by Clause 26, Article 1 of Decree 148/2020/ND-CP, the revocation of illegally issued land use right certificates is stipulated as follows:
- In cases where a competent People's Court resolves a land dispute with a judgment or decision which has a conclusion on the revocation of the issued Certificate, the revocation is carried out according to that judgment or decision;
- In cases where an inspection agency has a written conclusion that the issued Certificate is not conformable with land law, the competent state agency is responsible for reviewing and, if the conclusion is correct, deciding to revoke the issued Certificate; in cases where it is determined that the issued Certificate is conformable with the law, a notification is sent back to the inspection agency;
- In cases where the competent state agency for issuing land use right certificates, residential house ownership, and other assets attached to the land according to Article 105 of the Land Law and Article 37 of this Decree discovers that the issued Certificate is not conformable with land law, it shall recheck and notify the land user of the reason and decide to revoke the non-conformable issued Certificate;
- In cases where the land user or owner of assets attached to the land discovers that the issued Certificate is not conformable with land law, they must send a written petition to the competent state agency for issuing land use right certificates, residential house ownership, and other assets attached to the land. The competent state agency for issuing land use right certificates, residential house ownership, and other assets attached to the land is responsible for checking, reviewing, and deciding to revoke the non-conformable issued Certificate;
- The competent state agency for revoking Certificates as stipulated in points a, b, c, and d of this clause is the agency which was competent to issue the Certificate at the time of revoking the Certificate;
- The Land Registration Office shall carry out the revocation and management of the revoked Certificates according to the decision of the competent state agency;
- In cases where the land user or owner of assets attached to the land disagrees with the resolution of the competent state agency as stipulated in points b, c, and d of this clause, they have the right to file a complaint according to the law on complaints.
Which agency is competent to issue land use right certificates?
Based on Article 105 of the Land Law 2013 stipulates as follows:
Competence to issue Certificates of land use rights, ownership of residential houses, and other assets attached to the land
1. The People's Committee of the province issues Certificates of land use rights, ownership of residential houses, and other assets attached to the land to organizations, religious establishments, overseas Vietnamese, foreign-invested enterprises implementing investment projects, foreign organizations with diplomatic functions.
The People's Committee of the province is authorized to resource and environment agencies to issue Certificates of land use rights, ownership of residential houses, and other assets attached to the land.
2. The People's Committee of the district issues Certificates of land use rights, ownership of residential houses, and other assets attached to the land to households, individuals, residential communities, and overseas Vietnamese who own residential houses associated with land use rights in Vietnam.
3. For cases where Certificates, Certificates of ownership of residential houses, Certificates of ownership of construction works have been granted and the rights of land users or owners of assets attached to the land are being exercised or when exchanging, re-issuing Certificates, Certificates of ownership of residential houses, Certificates of ownership of construction works, the resource and environment agencies shall implement as prescribed by the Government of Vietnam.
Thus, the provincial People's Committee is competent to issue land use right certificates to organizations, religious establishments, overseas Vietnamese, foreign-invested enterprises implementing investment projects, and foreign organizations with diplomatic functions.
The district People's Committee is competent to issue land use right certificates to households, individuals, residential communities, and overseas Vietnamese who own residential houses associated with land use rights in Vietnam.
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