For certificates of land use rights written with the incorrect land area: Should they be rectified or re-issued in Vietnam?

Lawnet would like to answer as follows:

1. How is information about the area of ​​the land parcel shown on the Certificate of land use rights?

Pursuant to Article 6 of the Circular 23/2014/TT-BTNMT dated 19 May 2014 stipulating specifying information on land parcel in page 2 of Certificate as follows:

Article 6. Specifying information on land parcel in page 2 of Certificate

Information on the land parcel is specified in the Certificate for all cases issued with Certificate under the following provisions:

1. Land parcel number: write the number of land lot in the cadastral map in accordance with regulations on establishment of cadastral map of the Ministry of Natural Resources and Environment.

In case of using the excerpt of cadastral measurement (for localities having no cadastral map) for the issuance of Certificate, write the number of land parcel in the excerpt of measurement; in case of measurement of one land lot, the number of land lot is written as “01”.

2. Map number: write the ordinal number of cadastral map with the land parcel issued with Certificate within the range of each of communal-level administrative unit. In case of using the excerpt of cadastral measurement for the issuance of Certificate, write the number of excerpt of land lot measurement.

3. Address of land parcel: write the area (field area, residential area,…); house address, name of street (if any), name of communal, district and provincial administrative unit where the land is located.

4. Area: specify the area of land parcel in Arabic numerals based on square meter (m2) to be rounded to one decimal.

As regulations above, the area of land parcel is specified in Arabic numerals based on square meter (m2) to be rounded to one decimal.

Where there is an apartment building on the land parcel, only specify the area of land shared by owners of apartments under the provisions in Article 49 of the Decree 43/2014/ND-CP.

2. Cases of rectification of the granted Certificate of land use rights in Vietnam 

Pursuant to Clause 1 Article 106 of the Law on Land in 2013, the state agencies which have the competence to grant the certificate shall correct the granted certificates which bear the following errors:

- 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;

- 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.

As regulations above, the Certificate of land use rights having incorrect information on the land area is not eligible for rectification.

3. Cases of revocation of the granted Certificate of land use rights in Vietnam

Pursuant to Clause 2 Article 106 of the Law on Land in 2013, the State may withdraw a granted certificate in the following cases:

- The State recovers the whole land area indicated on the granted certificate;

- The granted certificate is renewed;

- 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;

- 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.

As regulations above, the Certificate of land use rights having incorrect information on the land area shall be revocated.

4. Shall the revocated Certificate of land use rights be re-issued?

Pursuant to Article 77 of the Decree 43/2014/ND-CP stipulating cases of re-grant of Certificate of land use rights as follows:

Article 77. Re-grant of certificates, certificates of house ownership or certificates of ownership of construction works due to loss

1. Households, individuals or communities shall declare to the commune-level People’s Committee of the locality where the land is located the loss of their certificates, certificates of house ownership or certificates of ownership of construction works. The commune-level People’s Committee shall post up the loss at its office, except the loss due to a natural disaster or fire.

…

However, pursuant to Clause 56 Article 2 of the Decree 01/2017/NĐ-CP (amending Clause 4.c Article 87 of the Decree 43/2014/ND-CP) stipulating cases of revocation of the issued Certificate contradictory to the legislation on land as follows:

“c) The land user, when finding the issued certificate contradictory to the legislation on land, shall notify in writing the government authority competent to issue the certificate of land use right with or without ownership of house and other properties attached to land. The government authority competent to issue the certificate of land use right with or without ownership of house and other properties attached to land shall be responsible for reviewing and revoking the issued certificate contradictory to the legislation on land;”

As regulations above, in case finding the issued certificate contradictory to the legislation on land:

- The land user must notify in writing the government authority competent to issue the certificate of land use right with or without ownership of house and other properties attached to land.

- The government authority is competent to issue the certificate of land use right with or without ownership of house and other properties attached to land.

Key word: certificate | in Vietnam | land use rights | revocation | rectification |

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