25/02/2023 15:32

Procedures for re-issuance of land use right certificates in cases of lost or stolen in Vietnam

Procedures for re-issuance of land use right certificates in cases of lost or stolen in Vietnam

"I would like to know about the procedures for re-issuance of land use right certificates in cases of lost or stolen. Please help me. Thanks!_Thanh Binh (Thanh Hoa, Vietnam)”

Hi, for your problem, the Editorial Board would like to answer as follows:

1. Competence to settle and reclaim land use right certificates in cases of lost or stolen

According to the instructions in Section 3 of Official Dispatch 141/TANDTC-KHXX on the case that the petitioner only reclaims the certificate of land use rights currently occupied by another person, the Court shall settle as follows:

- If the case has not yet been accepted, the court shall apply Point e, Clause 1, Article 168 of the Civil Procedure Code to return the lawsuit petition to the plaintiff. In the document returning the lawsuit petition, the Court must clearly state the reason for the return of the lawsuit petition, as the lawsuit claim is not within the Court's jurisdiction.

- If the case has been accepted, the Court shall, based on Clause 2, Article 192 of the Civil Procedure Code, issue a decision to terminate the settlement of the civil case and delete the name of the case from the acceptance book; return the lawsuit petition and accompanying documents and evidences to the involved parties; and pursuant to Clause 3, Article 193 of the Civil Procedure Code, issue a decision to return the court cost advance to the involved parties.

- When returning the lawsuit petition or suspending the settlement of the aforementioned civil case, the court must instruct the petitioner to request the competent authority settle according to its competence in order to force the person who illegally possesses the aforementioned papers to return them to the owner, the lawful possessor of this type of document.

In case the papers are lost, the owner or lawful possessor of the above-mentioned papers has the right to request the competent authorities to reissue the lost papers in accordance with the law (request for reissue of land use right certificate, Article 24 of Decree 88/2009/ND-CP). The party at fault for losing papers must bear all costs and fees associated with the reissue of new papers.

=> Thus, for the recovery of the land use right certificate when it is occupied by another person, it is not possible to initiate a lawsuit in court because the Court will not handle it. However, the Court will guide the petitioner in requesting that the competent authorities settle according to their competence and force the occupier to return the land use right certificate to the owner or lawful possessor of the land use right certificate.

2. Procedures for re-issuance of land use right certificates in cases of lost or stolen

The law has not specified the procedure for re-granting a land use right certificate when it is occupied by someone else, but you can refer to the regulations in the case of re-granting a land use right certificate due to a loss.

According to Article 77 of Decree 43/ND-CP stipulating the re-grant of certificates, certificates of house ownership or certificates of ownership of construction works due to loss:

- 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.

Domestic organizations, religious institutions, foreign organizations, foreigners or overseas Vietnamese shall announce the loss of their certificates, certificates of house ownership or certificates of ownership of construction works in the local mass media.

- After 30 days from the date of posting up the loss of the certificate at the office of the commune-level People’s Committee, for households, individuals or communities, or from the date of the first announcement in the local mass media, for domestic organizations, religious institutions, foreign organizations, foreigners or overseas Vietnamese, the person whose certificate is lost shall submit a dossier of request for re-grant of the certificate.

- The land registration office shall check the dossier; the extract of the cadastral map or the extract of the cadastral survey of the land parcel, in case the cadastral map is unavailable and a cadastral survey of the land parcel has not yet been conducted; make a dossier and submit it to a competent state agency defined in Article 37 of this Decree for signing a decision to cancel the lost certificate and sign and re-grant the certificate of land use rights and ownership of houses and other land-attached assets; and adjust and update the change in the cadastral records and land database; hand over the certificate to the land user concerned or send it to the commune-level People’s Committees for handover, in case of submission of dossiers at commune level.

3. Application for re-issuance of the certificate of land use right in cases of lost or stolen

You can refer to the application for reissue of the lost land use right certificate.

According to the provisions of Article 10 of Circular 24/2014/TT-BTNMT, the applications submitted when carrying out procedures for re-issuance of land use right certificates due to loss include:

- An application form for re-issuance of the certificate, made according to Form No. 10/DK;

Form No. 10/ĐK Download

- Certificate of the Commune People's Committee that the notice of loss of Certificate has been posted.

Regarding the declaration form, there is currently no specific form, so you can contact the Commune People's Committee for more specific instructions.

Hua Le Huy
188


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