Procedures for reissuing lost Certificate of land use rights in Vietnam (Newest)

Procedures for reissuing lost Certificate of land use rights in Vietnam (Newest) (Image from Internet)

On July 29, 2024, the Government of Vietnam issued Decree 101/2024/ND-CP regulating the fundamental land investigation; the registration and issuance of the Certificate of land use rights, ownership of property affixed to the land and the Land Information System.

Procedures for reissuing lost Certificate of land use rights in Vietnam (Newest)

According to Article 39 of Decree 101/2024/ND-CP, the procedures for reissuing a lost Certificate of land use rights and ownership of property affixed to the land in Vietnam are as follows:

- The land user or property owner submits an application for land and asset registration according to Form No. 11/DK issued with Decree 101/2024/ND-CP to the document reception agency as stipulated in Clause 1, Article 21 of Decree 101/2024/ND-CP.

	Form No. 11/DK

In case the document reception agency as specified in Point a, Clause 1, Article 21 of Decree 101/2024/ND-CP, the documents will be forwarded to the Land Registration Office.

- The Land Registration Office will perform the following tasks:

+ Verify information about the issued Certificate that the land user or property owner declared lost in the cadastral records, land data database;

+ In case it is found that the parcel or property attached to the land for which the Certificate has been issued has been transferred, mortgaged at credit institutions, other economic organizations, or individuals as prescribed by law, notify and return the documents to the land user or property owner;

+ In case it is not under the provisions at Point b, Clause 2, Article 39 of Decree 101/2024/ND-CP, the Land Registration Office will forward the information to the commune People's Committee where the land is located to carry out the contents stipulated in Clause 3, Article 39 of Decree 101/2024/ND-CP for households and individuals; report in the local mass media 3 times within 15 days about the loss of the Certificate issued for organizations and Vietnamese overseas, with the publication cost borne by the land user or property owner;

+ Proceed to cancel the issued Certificate; update and correct the cadastral records, land data database after implementing the provisions in Clause 3, Article 39 of Decree 101/2024/ND-CP; reissue the Certificate of land use rights, ownership of property affixed to the land for the grantee.

In case the issued Certificate has not used the cadastral map or measurement patches of the cadastral map parcel, it shall be handled as stipulated in Point b, Clause 3, Article 37 of Decree 101/2024/ND-CP.

- The commune People's Committee is responsible for implementing the following tasks:

+ Publicly post about the loss of the issued Certificate at the commune People's Committee headquarters and at residential points where the land is located for 15 days; concurrently receive feedback during the public posting period for the lost Certificate;

+ Within no more than 05 days from the end of the posting period, the commune People's Committee must draw up a record of the end of the posting and send it to the Land Registration Office.

- In case the Supplementary Page of the issued Certificate according to the law on land before the effective date of Decree 101/2024/ND-CP is lost, the land user or property owner submits an application for land and asset registration according to Form No. 11/DK issued with Decree 101/2024/ND-CP and the original issued Certificate.

The Land Registration Office will verify the information on the Supplementary Page in the cadastral records, land data database; reissue the Certificate of land use rights, ownership of property affixed to the land with updated information of the issued Certificate and information on the Supplementary Page.

More details can be found in Decree 101/2024/ND-CP, which comes into force in Vietnam from August 01, 2024.

The following decrees are nullified from the date Decree 101/2024/ND-CP takes effect in Vietnam:

- Decree 43/2014/ND-CP of the Government of Vietnam regulating detailed implementation of some articles of Land Law 2013;

- Decree 01/2017/ND-CP of the Government of Vietnam amending and supplementing some decrees detailing the implementation of Land Law 2013;

- Decree 148/2020/ND-CP of the Government of Vietnam amending and supplementing some decrees detailing the implementation of Land Law 2013;

- Decree 10/2023/ND-CP of the Government of Vietnam amending and supplementing some decrees detailing the implementation of Land Law 2013.

Vo Tan Dai

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