What are cases of revocation of issued Certificate of land use rights in Vietnam?
What is a Certificate of land use rights?
Based on Clause 21, Article 3 of the Land Law 2024, the Certificate of land use rights and ownership of property affixed to the land is a legal document for the State to recognize the legal land use rights, ownership of property affixed to the land of the person holding the land use rights, ownership of property affixed to the land.
Property affixed to the land that are issued with the Certificate of land use rights and ownership of property affixed to the land include housing and construction works attached to the land as prescribed by law.
The certificates of land use rights, ownership of housing, and other property affixed to the land as provided by related laws shall have the same legal value as the Certificate of land use rights and ownership of property affixed to the land.
What are cases of revocation of issued Certificate of land use rights in Vietnam? (Image from the Internet)
What are cases of revocation of issued Certificate of land use rights in Vietnam?
Based on Article 152 of the Land Law 2024 regulating correction, revocation, and annulment of issued certificates:
Article 152. Correction, revocation, and annulment of issued certificates
1. The authority issuing the Certificate of land use rights and ownership of property affixed to the land as prescribed in Article 136 of this Law is responsible for correcting the issued certificate with inaccuracies in the following cases:
a) Inaccuracies in information of the certificate holder compared to information at the time of correction;
b) Inaccuracies in information about the parcel, property affixed to the land compared to the registered land and property affixed to the land filed documentation which have been verified by the land registration organization or are shown in valid documents by a competent State agency resolving land disputes.
2. The State revokes issued certificates in the following cases:
a) The State revokes the entire land area recorded in the Certificate of land use rights, Certificate of Ownership of Housing and Residential Land Use Rights, Certificate of Ownership of Housing, Certificate of Ownership of Construction Works, Certificate of Land Use Rights, Ownership of Housing and other property affixed to the land, issued Certificate of Land Use Rights, Ownership of property affixed to the land;
[...]
Thus, the State revokes issued certificates in the following cases:
- The State revokes the entire land area recorded in the Certificate.- Issuance of a new Certificate.
- The land user, owner of property affixed to the land registers land changes, property affixed to the land which necessitate a new issuance of Certificate of land use rights and ownership of property affixed to the land.
- The issued certificate is incorrect in authority, ineligible land user, incorrect land area, does not meet issuing conditions, incorrect land use purpose or land use duration or land origin as per land laws at the time of certificate issuance.
- The issued certificate is annulled by a competent court.
- In the case of auction, transfer of land use rights, property affixed to the land as requested by the court or the enforcement agency and the obligated party does not submit the issued certificate.
What are the rights of all land users in Vietnam?
Based on Article 26 of the Land Law 2024 regulating rights of all land users in Vietnam:
- To be issued a Certificate of land use rights and ownership of property affixed to the land if eligible according to the regulations of the land laws.
- To enjoy the results of their labor and investments on the legally used land.
- To benefit from State investment in the protection, improvement, and development of agricultural land.
- To be guided and assisted by the State in the improvement and restoration of agricultural land.
- To be protected by the State when others infringe upon their lawful land rights and interests.
- To have the right to transfer land use purposes according to this Law and other related laws.
- To be compensated, supported, and resettled when the State revokes the land according to regulations.
- To lodge complaints, denunciations, and lawsuits regarding violations against their legal land use rights and other violations of land laws.
