Vietnam: What to do when you find out that a land use right certificate is issued to someone else for the land owned by you?
- If you discover your land, but the land use right certificate is issued to someone else, can you reclaim it in Vietnam?
- What to do when you discover your land but the land use right certificate is issued to someone else in Vietnam?
- Being granted a certificate of illegal land use rights but having sold the land to someone else, will the certificate be revoked in Vietnam?
If you discover your land, but the land use right certificate is issued to someone else, can you reclaim it in Vietnam?
Pursuant to the provisions of Clause 16 Article 3 of the 2013 Land Law:
16. Certificate of land use rights and ownership of houses and other land-attached assets is a legal certificate in which the State certifies the lawful land use rights and ownership of houses and land-attached assets of the person who has land use rights and ownership of houses and land-attached assets.
In order to be granted a land use right certificate, the 2013 Land Law stipulates that households, individuals and communities using land have land use rights papers specified in Article 100 of the 2013 Land Law. Or without these supporting documents, they must be in the cases in Article 101 of the Land Law 2013.
Accordingly, the grantee must satisfy the conditions proving that the land use right belongs to him or her when it is granted a land use right certificate.
However, in fact, some errors can still occur, practice has recorded some cases of discovering their land but land use right certificates are given to others.
Pursuant to the provisions of Article 106 of the 2013 Land Law, the following contents:
Article 106. Rectification and revocation of granted certificates
1. The state agencies which have the competence to grant the certificate shall correct the granted certificates which bear the following errors:
a/ There is wrong information on the name, the papers on legal status or personal identity, in the address of the land user or owner of land-attached assets as compared with the papers on legal status or personal identity at the time of grant of the certificate to such person;
b/ There is wrong information on the land parcel, land-attached assets as compared with the registration application dossier on land and land-attached assets which have been inspected and certified by the land registration agency.
2. The State may withdraw a granted certificate in the following cases:
a/ The State recovers the whole land area indicated on the granted certificate;
b/ The granted certificate is renewed;
c/ The land user or owner of the land-attached assets registers for a change of land or land- attached assets for which a new certificate of land use rights and ownership of houses and other land-attached assets must be granted;
d/ The existing certificate was granted ultra vires, to an improper land user, for a wrong land area, without sufficient conditions, for improper land use purpose or land use term or land use origin as prescribed by the land law, except for the case in which the person for whom the certificate is granted has transferred land use rights or ownership of land-attached assets in accordance with the land law.
3. The withdrawal of a granted certificate for the cases prescribed at Point d, Clause 2 of this Article shall be decided by the agency having the competence to grant the certificate of land use rights and ownership of houses and other land-attached assets as prescribed in Article 105 of this Law based on the conclusion of the inspection agency at the same administrative level, or based on the effective document issued by a competent state agency on land dispute settlement.
Accordingly, the competent state agency that has issued the wrong land use right certificate must be responsible for revoking the issued certificate, when the issued certificate is not eligible to be issued, due to the inability to prove the origin of the land.
This revocation shall be carried out after the conclusion of the inspection agency of the same level and the effective document of the competent state agency on land dispute settlement.
Accordingly, when there is evidence proving that the land that was wrongly granted the ownership certificate belongs to him, this person has grounds to request the competent agencies to settle and be reissued the land use right certificate in accordance with regulations.
Vietnam: What to do when you find out that a land use right certificate is issued to someone else for the land owned by you?
What to do when you discover your land but the land use right certificate is issued to someone else in Vietnam?
When a land user discovers that the land use right certificate has been issued in contravention of the provisions of law, but specifically the wrong owner of the right stated in the certificate. Then send written recommendations to competent state agencies for issuance of land use right certificates, pursuant to Clause 26 Article 1 of Decree 148/2020/ND-CP.
Competent state agencies issuing certificates of land use rights, ownership of houses and other assets attached to land shall inspect, consider and decide to revoke certificates issued in contravention of regulations.
Pursuant to Clause 4, Article 10 of Circular 24/2014/TT-BTNMT, when carrying out procedures for revocation of land use right certificates in case land users and owners of assets attached to land find that the contents of the issued certificates are not in accordance with regulations, the dossier shall be submitted, including:
+ The application reflects the issuance of the certificate in contravention of regulations;
+ The original of the issued certificate;
Thus, the procedure to be carried out when discovering their land but issuing land use right certificates to others is as follows, pursuant to Clause 26 Article 1 of Decree 148/2020/ND-CP:
Step 1: Send your petition to the competent authority (land registration office under the district-level People's Committee) to present that the land use right certificate was issued incorrectly.
Step 2: Land registration offices, inspection agencies and other competent agencies shall carry out the review and inspection.
Step 3: The inspection agency will conclude that the inspection of the issued certificate is not in accordance with the law and send it to the land registration office.
Step 4: The land registration office will issue a decision to revoke the issued certificate.
In case the land user does not agree with the settlement of the above-mentioned competent state agency, he/she has the right to lodge a complaint in accordance with the law on complaints.
Being granted a certificate of illegal land use rights but having sold the land to someone else, will the certificate be revoked in Vietnam?
Pursuant to clause 26 Article 1 of Decree 148/2020/ND-CP:
…
5. The State shall not revoke certificates which have been granted in violation of laws in the cases prescribed at Point d, Clause 2, Article 106 of the Land Law if the holders of such certificates have completely carried out the procedures for transmutation, transfer, inheritance, grant, donation or capital contribution of land use rights and ownership interest in land-attached property and have their cases handled in accordance with law.
The handling of damage caused by the act of granting certificates in violation of laws must be subject to decisions or judgments of people’s courts. Those who commit violations leading to the grant of unlawful certificates shall be subject to Articles 206 and 207 of the Land Law.
Thus, in case of being granted a certificate of illegal land use right but having sold land to another person, the Certificate shall not be revoked by the State because it relates to the interests of third parties.
In this situation, the damaged party can sue the Court, seeking compensation. Those who violate the law on land can also be examined for criminal liability depending on the extent and nature of the case.
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