Regulations on correction, revocation and cancellation of certificates that have been issued in Vietnam as of January 1, 2025

Regulations on correction, revocation and cancellation of certificates that have been issued in Vietnam as of January 1, 2025 (Internet image)

Regarding this matter, LawNet would like to answer as follows: 

On January 18, 2024, the National Assembly of Vietnam officially passed the Land Law 2024.

Regulations on correction, revocation and cancellation of certificates that have been issued in Vietnam as of January 1, 2025

Pursuant to Article 152 of the Land Law 2024, which stipulates the correction, revocation and cancellation of LURs, certificate of home ownership and LURs of homestead land, certificate of home ownership, certificate of ownership of construction works, certificate of LURs, ownership of housing and other property affixed to land or certificate of title in Vietnam:

(1) The agency having authority to issue certificate of title specified in Article 136 hereof shall correct errors in the issued certificate in the following cases:

(1.1) False information on the certificate holder in comparison with the information at the time of correction;

(1.2) False information on the land parcel, property affixed to land compared to the information in the declaration dossier on registration of land or property affixed to land that has been checked and confirmed by a land registration authority or shown in an effective document of a regulatory agency having authority to settle land disputes.

(2) The State shall revoke the issued certificate in the following cases:

(2.1) The State expropriates the entire land area specified in the certificate of LUR, certificate of home ownership and LURs of homestead land, certificate of home ownership, certificate of ownership of construction works, certificate of LURs, ownership of housing and other property affixed to land or certificate of title that has been issued;

(2.2) The State renews the certificate of LUR, certificate of home ownership and LURs of homestead land, certificate of home ownership, certificate of ownership of construction works, certificate of LURs, ownership of housing and other property affixed to land or certificate of title that has been issued;

(2.3) The land user or owner of property affixed to land applies for registration of land-related changes or changes to the property affixed to land but it is required to issue a new certificate of title;

(2.4) The certificate has been issued ultra vires, to the ineligible land user, for the wrong land area, for unqualified land, for the land that is used for unintended purposes or used for the inaccurate land use term, or with the incorrect origin of land use in accordance with land laws at the time of issuing the certificate;

(2.5) The issued certificate is cancelled by a competent Court;

(2.6) The rights to use land or property affixed to land are auctioned or transferred according to the request of a Court or a judgment enforcement agency but the judgment debtor does not submit the issued certificate.

(3) The revocation of the issued certificate prescribed in (2.4) and not falling under (4) shall be prescribed as follows:

(3.1) In case a Court having authority to settle land disputes has an effective judgment or decision, including a conclusion on the revocation of the issued certificate, the revocation of the issued certificate shall be implemented according to that judgment or decision;

(3.2) In case an inspection agency has a written conclusion that the certificate was issued in contravention of land laws, the competent regulatory agency shall consider deciding revocation of the issued certificate if such conclusion is correct; If the issued certificate is determined to be in accordance with the law, the inspection agency must be notified;

(3.3) If the authority competent to issue certificates of title specified in Article 136 of the Land Law 2024 discovers that the certificate was issued in contravention of land laws, it must organize re-inspection, notify the land user of the reason for revocation and issue a decision to revoke the issued certificate;

(3.4) If the land user or owner of property affixed to land discovers that the certificate was issued in contravention of land laws, he/she shall send a written petition to an agency having authority to issue certificates of title. The agency having authority to issue certificates of title shall inspect and consider for issuing a decision to revoke the certificate that was issued in contravention to land laws;

(3.5) The agency having authority to revoke the issued certificate specified in (3.1), (3.2), (3.3), (3.4) is the agency having authority to issue the certificate of title specified in Article 136 of the Land Law 2024.

(4) The agency having authority to issue the certificate of title specified in Article 136 of the Land Law 2024 shall not revoke the issued certificate in the cases specified in (2.4), provided that the certificate holder has disposed the LURs or ownership of property affixed to land in accordance with land laws. Damage caused by the issuance of the certificate in (4) shall be handled according to the judgment or decision of the Court. Violators shall be handled according to Article 239 and Article 240 of the Land Law 2024 and other relevant laws.

(5) The revocation of the issued certificate of LUR, certificate of home ownership and LURs of homestead land, certificate of home ownership, certificate of ownership of construction works, certificate of LURs, ownership of housing and other property affixed to land or certificate of title not falling under (2) shall be carried out, provided that there is a judgment or decision of the Court that has been executed or the written petition of the judgment enforcement agency for enforcement of the judgment or decision according to the law, including a request to revoke the issued certificate.

(6) In cases where the revocation of the issued certificate of title complies with (2) and (5) of this Article but the land user or owner of property affixed to land does not hand over the issued certificate, the agency having authority to issue the certificate of title specified in Article 136 of the Land Law 2024 shall issue a decision to cancel the issued certificate.

(7) The agency having authority to issue the certificate of title specified in Article 136 of the Land Law 2024 shall organize issuance of certificate of title in accordance with the law after the issued certificate has been revoked.

More details can be found in the Land Law 2024, which comes into force from January 1, 2025, except for the following cases:

- The provisions in Article 190 and Article 248 of the Land Law 2024 take effect from April 1, 2024.

- The development and approval of land use planning may continue complying with Resolution 61/2022/QH15 dated June 16, 2022 of the National Assembly on continuing to strengthen the effect and efficiency of policies and laws on planning and a number of solutions to remove difficulties, speed up the formulation and improve the quality of planning for the 2021-2030 period.

Clause 9, Article 60 of the Land Law 2024 shall take effect from the date of expiration of Resolution 61/2022/QH15.

The Land Law 2013 shall expire from January 1, 2025.

To Quoc Trinh

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