What are the cases of correcting errors in the issued Certificate of land use rights in Vietnam from August 1, 2024? What are the regulations on cases of cancellation of Certificate of land use rights in Vietnam?
What are the regulations on cases of cancellation of Certificate of land use rights in Vietnam?
Pursuant to Clause 6, Article 152 of the Land Law 2024:
Correction, revocation, and cancellation of issued certificates
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6. In cases where the issued certificate is revoked under Clause 2 and Clause 5 of this Article, and the land user or owner of the property attached to the land does not submit the issued certificate, the competent authority issuing the Certificate of land use rights, ownership of property attached to land as stipulated in Article 136 of this Law shall decide to cancel the issued certificate.
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In the event that the issued certificate is revoked in the following cases and the land user or owner of the property attached to the land does not submit the issued certificate, the competent authority issuing the Certificate of land use rights, ownership of property attached to land as stipulated in Article 136 of the Land Law 2024 shall decide to cancel the issued certificate.
Thus, the red book will be canceled when the land user or owner of the property attached to the land falls under one of the cases of certificate revocation below but does not submit the certificate, including:
(1) The state revokes the entire land area recorded in:
+ Certificate of land use rights+ Certificate of house ownership and homestead land use rights+ Certificate of house ownership+ Certificate of ownership of construction works+ Certificate of land use rights, house ownership, and other assets attached to the land+ Certificate of land use rights, ownership of assets attached to land that have been issued;
(2) Renewal of the following certificates:
+ Certificate of land use rights+ Certificate of house ownership and homestead land use rights+ Certificate of house ownership+ Certificate of ownership of construction works+ Certificate of land use rights, house ownership, and other assets attached to the land+ Certificate of land use rights, ownership of assets attached to land that have been issued;
(3) The land user, owner of the property attached to the land registers land changes, property attached to land changes, and a new Certificate of land use rights, ownership of property attached to land must be issued;
(4) The issued certificate is not in accordance with the authority, user categories, land area, conditions for issuance, purpose of land use, usage duration, or the source of land use according to the land law provisions at the time of certificate issuance;
(5) The issued certificate is canceled by a competent court;
(6) In case of auction, assigning land use rights, property attached to land according to the court's or enforcement agency's request, and the person obliged by the enforcement does not submit the issued certificate.
(7) The revocation of the Certificate of land use rights, the Certificate of house ownership and homestead land use rights, the Certificate of house ownership, the Certificate of ownership of construction works, the Certificate of land use rights, house ownership, and other assets attached to the land, the Certificate of land use rights, ownership of assets attached to land that have been issued, which are not within the scope of the cases stipulated in Clauses (1), (2), (3), (4), (5), (6), is only performed when there is a court judgment or decision that has been executed or a recommendation document from the enforcement agency regarding the execution of the judgment or decision according to the legal provisions, which includes the content requesting the revocation of the issued certificate.
What are the cases of correcting errors in the issued Certificate of land use rights in Vietnam from August 1, 2024? What are the regulations on cases of cancellation of Certificate of land use rights in Vietnam? (Internet image)
What are the cases of correcting errors in the issued Certificate of land use rights in Vietnam from August 1, 2024?
According to Clause 1, Article 152 of the Land Law 2024, the cases of correcting errors in the issued Certificate of land use rights in Vietnam include:
The competent authority issuing the Certificate of land use rights, ownership of property attached to land as stipulated in Article 136 of the Land Law 2024 is responsible for rectifying the issued certificate if there are errors in the following cases:
- There is an error in the information of the person issued the certificate compared to the information at the time of rectification;- There is an error in the information about the parcel or the property attached to the land compared to the declaration and registration dossier on land and property attached to the land that has been inspected and confirmed by the land registration organization or shown in the effective document of the competent state agency regarding the resolution of land disputes.
When does 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 the Law on Credit Institutions 2024:
Effective date
1. This Law takes effect from August 1, 2024, except for the cases stipulated in Clause 2 and Clause 3 of this Article.
2. Articles 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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