What are procedures for replacing issued land use right certificates (LURCs) in Vietnam under Decree 101 on issuing LURCs? What are the cases eligible for replacing issued LURCs in Vietnam from August 1, 2024?
What are procedures for replacing issued LURCs in Vietnam under Decree 101 on issuing LURCs?
According to Clauses 2 and 3, Article 38 of Decree 101/2024/ND-CP on the application and procedures for replacing issued LURCs:
The dossier for replacing the issued LURCs includes:
- Application for land-related change registration, according to Form No. 11/DK issued with Decree 101/2024/ND-CP and the issued Certificate.
For the cases stipulated in (7), the Application for land-related change registration according to Form No. 11/DK issued with Decree 101/2024/ND-CP must include information of members jointly holding land use rights of the household;
- Extract of cadastral map parcel in cases of cadastral parcel measurement as prescribed in (9).
The procedures for replacing the issued LURCs are as follows:
(1) Land users, property owners attached to the land submit the dossier stipulated in Clause 2, Article 38 of Decree 101/2024/ND-CP to the reception authority stipulated in Clause 1, Article 21 of Decree 101/2024/ND-CP;
(2) The dossier reception authority issues a dossier receipt and informs the land users, property owners attached to the land of the results.
In cases where the dossier reception authority as stipulated in point a, Clause 1, Article 21 of Decree 101/2024/ND-CP, the dossier is transferred to the Land Registration Office.
What are procedures for replacing issued land use right certificates (LURCs) in Vietnam under Decree 101 on issuing LURCs? What are the cases eligible for replacing issued LURCs in Vietnam from August 1, 2024? (Image from Internet)
What are the cases eligible for replacing issued LURCs in Vietnam from August 1, 2024?
According to Clause 1, Article 38 of Decree 101/2024/ND-CP on cases eligible for replacing issued LURC in Vietnam:
(1) Land users who need to change the Certificate issued before August 01, 2024, to the Land Use Rights Certificate, Ownership of Property Attached to the Land;
(2) The issued Certificate is old, blurred, torn, or damaged;
(3) The issued Certificate is for multiple parcels but needs separate issuance for each parcel according to the need of the land users, and cases of reissuing the Land Use Rights Certificate, Ownership of Property Attached to the Land as stipulated in Clause 7, Article 46 of Decree 101/2024/ND-CP;
(4) The land use purpose recorded on the issued Certificate according to the land laws at the time of issuance differs from the land use purpose according to the land classification stipulated in Article 9 of the Land Law 2024;
(5) The parcel position on the issued Certificate is incorrect compared to the actual land use position at the time of issuance;
(6) Land use rights, ownership of property attached to the land are joint properties of husband and wife, and the issued Certificate only records either the husband's or the wife's name, now requesting a reissue to record both names of the husband and wife;
(7) The issued Certificate records the household's name, now the members who jointly hold land use rights of the household request to reissue the Land Use Rights Certificate, Ownership of Property Attached to the Land to record all members' names who hold joint land use rights of the household;
(8) Change in the address of the parcel that has been issued a Certificate;
(9) Change in the dimensions of sides, area, and number of the parcel due to cadastral map measurements, cadastral parcel extracts without changing the parcel boundaries.
What are cases for revoking LURCs in Vietnam?
According to Clause 6, Article 152 of the Land Law 2024:
Correction, Revocation, and Annulment of Issued Certificates
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6. In cases of revocation of issued Certificates as stipulated in Clauses 2 and 5 of this Article and the land users, property owners attached to the land do not submit the issued Certificates, the competent authority for issuance of the Land Use Rights Certificate, Ownership of Property Attached to the Land as stipulated in Article 136 of this Law decides to annul the issued Certificates.
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If the revocation of issued Certificates happens in the following cases and the land users, property owners attached to the land do not submit the issued Certificates, the competent authority for issuance of the Land Use Rights Certificate, Ownership of Property Attached to the Land as stipulated in Article 136 of the Land Law 2024 decides to annul the issued Certificates.
Thus, the LURC will be annulled when land users, property owners attached to the land fall into one of the revocation cases below but do not submit the issued Certificates, including:
(1) The state revokes the entire area of land recorded in:
+ Land Use Rights Certificate
+ Certificate of Ownership of Houses and Use Rights of Homestead Land
+ Certificate of Ownership of Houses
+ Certificate of Ownership of Construction Works
+ Certificate of Use Rights of Land, Ownership of Houses and Other Assets Attached to Land
+ Certificate of Use Rights of Land, Ownership of Assets Attached to Land issued;
(2) Reissuance of the following certificates:
+ Land Use Rights Certificate
+ Certificate of Ownership of Houses and Use Rights of Homestead Land
+ Certificate of Ownership of Houses
+ Certificate of Ownership of Construction Works
+ Certificate of Use Rights of Land, Ownership of Houses and Other Assets Attached to Land
+ Certificate of Use Rights of Land, Ownership of Assets Attached to Land issued;
(3) Land users, property owners attached to the land register land use changes, properties attached to the land that require a new Land Use Rights Certificate, Ownership of Property Attached to the Land;
(4) The issued Certificate was not duly authorized, not for the correct land use subject, not for the correct land area, did not meet the conditions for issuance, incorrect land use purpose or land use term, or land use origin according to the land laws at the time of issuance;
(5) The issued Certificate was annulled by a competent court;
(6) Cases where land use rights, properties attached to the land are auctioned as per court or execution agency's request, and the person against whom the execution is enforced does not submit the issued Certificates.
(7) The revocation of the Land Use Rights Certificate, Certificate of Ownership of Houses and Use Rights of Homestead Land, Certificate of Ownership of Houses, Certificate of Ownership of Construction Works, Certificate of Use Rights of Land, Ownership of Houses and Other Assets Attached to Land, Certificate of Use Rights of Land, Ownership of Assets Attached to Land issued not falling into cases (1), (2), (3), (4), (5), (6) shall only be executed when there is a court's verdict or decision enforced, or at the execution agency's request in the written recommendation to execute the court’s verdict or decision, therein requiring the revocation of issued Certificates.
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