From August 1, 2024, what are procedures for correcting issued land use rights certificates in Vietnam? What are cases of correcting issued land use rights certificates in Vietnam?
From August 1, 2024, what are procedures for correcting issued land use rights certificates in Vietnam?
According to Article 45 of Decree 101/2024/ND-CP, the procedures for correcting issued land use rights certificates in Vietnam are regulated as follows:
(1) Submission of the application is carried out as follows:
- In the case where the competent authority, as stipulated in Article 136 of the Land Law 2024, detects errors in the issued certificate, it will notify the certificate holder and request the submission of the original issued certificate for correction;
- In the case where the certificate holder detects errors in the initially issued certificate, they must submit an application as per Clause 2, Article 45 of Decree 101/2024/ND-CP to the receiving authority as prescribed in Point a, Clause 1, Article 21 of Decree 101/2024/ND-CP.
The receiving authority will issue a receipt and schedule for the submission of results to the applicant and forward the application to the land management authority;
- In the case where the certificate holder detects errors in the issued certificate while carrying out the procedure for land use right registration, they must submit an application as per Clause 2, Article 45 of Decree 101/2024/ND-CP to the receiving authority prescribed in Clause 1, Article 21 of Decree 101/2024/ND-CP.
The receiving authority will issue a receipt and schedule for the submission of results to the applicant. If the receiving authority is stipulated in Point a, Clause 1, Article 21 of Decree 101/2024/ND-CP, it will transfer the application to the Land Registration Office.
(2) Documents for correcting issued Land Use Right Certificates when discovered by the land user or asset owner with errors in the issued certificates:
- Registration application for land use right changes in Form 11/DK attached with Decree 101/2024/ND-CP;
- The original issued certificate;
- Documents proving the information error of the certificate holder compared to the information at the time of correction or errors in the parcel or assets attached to the land compared to the information on the issued certificate;
- If the land user or asset owner performs the procedure through a legal representative according to civil laws, there must be a legal document on authorization as per civil laws.
(3) In the case of errors in the initially issued certificate, the land management authority shall:
- Notify the Land Registration Office to transfer the application for issuance to the land management authority;
- Verify the application, draw up a report concluding the content and cause of errors;
- Submit to the competent authority specified in Clause 1, Article 136 of Land Law 2024 to confirm the correction content on the issued certificate or issue a new certificate of land use rights, ownership of assets attached to the land;
- Transfer the application to the Land Registration Office to correct, update changes in cadastral records, land database; deliver the certificate of land use rights, ownership of assets attached to the land, or send it to the application receiving authority for delivery.
(4) In the case of errors in the issued certificate during the procedure for registration of changes in land use rights, the Land Registration Office shall:
- Verify, draw up a report concluding the content and cause of errors;
- Confirm the correction content on the issued certificate or issue a new certificate of land use rights, ownership of assets attached to the land;
- Correct, update changes in the cadastral records, land database; deliver the certificate of land use rights, ownership of assets attached to the land, or send it to the application receiving authority for delivery.
From August 1, 2024, what are procedures for correcting issued land use rights certificates in Vietnam? What are cases of correcting issued land use rights certificates in Vietnam? (Image from the Internet)
What are cases of correcting issued land use rights certificates in Vietnam?
According to Clause 1, Article 152 of Land Law 2024:
Correction, Revocation, and Cancellation of Issued Certificates
1. The agency competent to issue certificates of land use rights, ownership of assets attached to the land, as stipulated in Article 136 of this Law, shall be responsible for correcting issued certificates with errors in the following cases:
a) Errors in the information of the certificate holder compared to the information at the time of correction;
b) Errors in the information on the parcel or assets attached to the land compared to the land use rights registration or asset registration that have been inspected and confirmed by the registration organization or shown in the effective document of the competent state authority regarding land dispute resolution.
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Cases where issued Land Use Right Certificates are corrected if there are errors include:
The competent agency to issue certificates of land use rights, ownership of assets attached to the land as stipulated in Article 136 of Land Law 2024 shall be responsible for correcting issued certificates with errors in the following cases:
- Errors in the information of the certificate holder compared to the information at the time of correction;
- Errors in the information on the parcel or assets attached to the land compared to the land use rights registration or asset registration that have been inspected and confirmed by the registration organization or shown in the effective document of the competent state authority regarding land dispute resolution.
What is the time limit for Correcting Issued Land Use Right Certificates in Vietnam?
According to Clause 8, Article 22 of Decree 101/2024/ND-CP:
Time for Implementing the Procedures for Land Use Right Registration, Asset Registration, and Issuance of Land Use Right Certificates, Ownership of Assets Attached to the Land
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8. The timeframe for correcting issued certificates shall not exceed 10 working days.
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The time limit for correcting issued Land Use Right Certificates in Vietnam is not more than 10 working days.
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