During the management and usage of the Land Use Rights Certificate, various objective factors may lead to the Land Use Rights Certificate becoming stained, blurred, torn, or damaged. In such cases, citizens will be issued a replacement Land Use Rights Certificate to obtain a new Land Use Rights Certificate.
Article table of contents
Issuance of Replacement Land Use Rights Certificate when it is blurred, torn, or damaged (Illustrative image)
To be specific, Article 76 Decree 43/2014/ND-CP stipulates that a Land Use Rights Certificate will be reissued if the existing one is blurred, torn, or damaged. To obtain a replacement Land Use Rights Certificate, the following procedures must be completed:
1. Dossier for Issuance of Replacement Land Use Rights Certificate
According to Clause 1, Article 10 of Circular 24/2014/TT-BTNMT, the dossier submitted for the issuance of a replacement Land Use Rights Certificate includes:
- An application for the issuance of a replacement Certificate following Form No. 10/DK;- The original issued Land Use Rights Certificate.
2. Procedure for Issuance of Replacement Land Use Rights Certificate
Step 1: Submit the Dossier
According to Article 60 of Decree 43/2014/ND-CP, in cases of issuing a replacement Land Use Rights Certificate, citizens submit their dossiers at:
- The Land Registration Office. If there is no Land Registration Office, the Provincial Land Use Rights Registration Office accepts the dossier.- Households, individuals, and community groups can submit their dossiers at the Commune People's Committee.- The Management Board of high-tech zones, economic zones; Aviation Authority accepts and processes administrative procedures for land in high-tech zones, economic zones; airports.
Note, in localities that have organized a one-stop-shop system to receive dossiers and return results of administrative procedures, these agencies shall receive dossiers and return results through the one-stop-shop system following the Decision of the Provincial People's Committee.
Step 2: Receipt of the Dossier for Issuance of Replacement Land Use Rights Certificate
Step 3: Resolution of the Request for Issuance of Replacement Land Use Rights Certificate
According to Clause 3, Article 76 of Decree 43/2014/ND-CP, the Land Registration Office is responsible for:
- Checking the dossier and confirming the reason for issuing a replacement certificate on the application form;- Preparing the dossier to submit to the competent authority for issuing the Land Use Rights Certificate;- Updating and adjusting the cadastral records and land database; handing over the Land Use Rights Certificate to the grantee or sending it to the Commune People's Committee for handover in cases of submission at the communal level.
3. Timeframe for Issuance of Replacement Land Use Rights Certificate
According to Point p, Clause 2, Article 61 of Decree 43/2014/ND-CP as amended and supplemented by Clause 40, Article 2 of Decree 01/2017/ND-CP, the time limit for issuing a replacement Land Use Rights Certificate is specified as follows:
- No more than 07 days; in the case of simultaneous issuance for multiple land users due to map re-drawing, no more than 50 days.- For mountainous communes, islands, remote areas, areas with difficult socio-economic conditions, and areas with particularly difficult socio-economic conditions, the period is 17 days.
Note, this time is calculated from the date of receipt of the complete dossier; excluding weekends and public holidays as prescribed by law; excluding the time of dossier receipt at the communal level, the time for land users to fulfill financial obligations; excluding the time for reviewing and handling cases of land use violations, and the time for expert appraisals.
In case the dossier is incomplete or invalid, within a maximum of 03 working days, the receiving and processing agency must notify and guide the dossier submitter to supplement and complete the dossier as prescribed.
Thus, when the Land Use Rights Certificate is blurred, torn, or damaged, citizens have the right to be issued a new Land Use Rights Certificate after completing all the above procedures.
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