Detailed guidelines on revocation of red book issued in contravention of Vietnam’s law from February 08, 2021

According to Clause 26 Article 1 of the Decree No. 148/2020/NĐ-CP of the Vietnam’s Government amending Clause 4 Article 87 of the Decree No. 43/2014/NĐ-CP, the revocation of the Certificate that 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) shall be subject to the following regulations:

- In case the People's Court having jurisdiction to settle land-related disputes has an effective judgment or decision, including the conclusion regarding revocation of the issued Certificate, the revocation of that Certificate must adhere to that judgment or decision;

- In case the investigation or inspection agency makes a written conclusion that the certificate has been granted in violation of the land law, the competent state agency shall consider whether such conclusion is correct and, if it is correct, shall decide to withdraw the granted certificate; in case of determining that the certificate has been granted lawfully, must notifying this to the inspection agency; 

- In case the state agency competent to grant the red book under the provisions of Article 105 of the Law on Land of Vietnam and Article 37 of this Decree finds that the certificate has been granted in violation of the land law, they must carry out re-examination and notify land users of clear reasons for this and decide to revoke the unlawful Certificate;

- If the land user or owner of land-attached property discovers that the red book has been issued in violation of regulations of the laws on land, they can file the written petition to the state agency having authority to issue that red book. The state agency competent to grant certificates of land use rights and ownership of houses and other land-attached property shall be responsible for checking, considering and deciding the revocation of the Certificate issued in breach of land laws.

It should be noted that the agency having authority to revoke Certificates is the agency having authority to issue Certificates that exist at the time of revocation of Certificates.

View more details at the Decree No. 148/2020/NĐ-CP of the Vietnam’s Government, effective from February 08, 2021.

Ty Na

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