I have the following questions that I would like answered. Is it possible to sue for a red book? What to do in this case if you are the defender of the red book claimant? Hope the company answers. Thank you!
Article table of contents
Is it possible to sue to claim that the red book was stolen by someone else?
The red book is not a type of property, however, the red book is considered a legal document for the state to confirm the legal land use rights, ownership of houses and other assets attached to the land. If the owner of the red book has the red book, it may affect the exercise of his/her own land use rights and civil rights, which may lead to damage to the owner (especially in cases of land use right Transfer).
According to Clause 2, Article 4 of the 2015 Civil Procedure Code:
“Article 4. Right to request Court to protect legitimate rights and interests
...
2. Courts may not refuse to settle civil cases because there is no applicable law.
A civil case without a law to apply is a civil case within the scope of civil law, but at the time such civil case arises and agencies, organizations or individuals request the Court to There is no applicable law to settle.
The settlement of civil cases specified in this Clause shall comply with the principles prescribed by the Civil Code and this Code.”
At the same time, in Clause 1, Article 14 of the 2015 Civil Code stipulates:
“Article 14. Protection of civil rights through competent authorities
1. Courts and other competent agencies have the responsibility to respect and protect the civil rights of individuals and legal entities.
Where civil rights are infringed or disputed, the protection of rights shall comply with procedural law at court or arbitration.
The protection of civil rights according to administrative procedures shall be carried out in cases prescribed by law. The decision to settle the case according to administrative procedures may be reviewed at the Court…”
According to Article 164 of the 2015 Civil Code, it stipulates:
“Article 164. Measures to protect ownership and other property rights
1. Owners and other property-related rights holders have the right to request courts or other competent state agencies to force the infringing act to return the property or stop the act of obstruction. illegal exercise of ownership rights, other rights to property and claim for damages..."
From the above grounds, if there is a request to the Court to force the occupier to return the certificate of land use rights, stop the act of obstructing the exercise of the land user's rights, the People's Court will accept the case. settlement of disputes over ownership and other rights to property.
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Red book in Vietnam is stolen by someone else, how to sue to claim it back?
How to re-issue the red book?
For the case of applying for re-grant of a red book due to its loss, the applicant for re-grant of a red book can follow the procedures specified in Article 77 of Decree 43/2014/ND-CP, specifically as follows:
“Article 77. Re-issuance of certificates, certificates of house ownership, certificates of ownership of construction works due to loss
1. Households, individuals and communities must report to the People's Committee of the commune where the land is located about the loss of the Certificate, Certificate of House Ownership, Certificate of Public Ownership. During the construction process, the commune-level People's Committee is responsible for posting up the notice of loss of the Certificate at the headquarters of the commune-level People's Committee, except in case of loss of the certificate due to natural disaster or fire.
Domestic organizations, religious establishments, foreign organizations, foreign individuals, and overseas Vietnamese must post information about the loss of their Certificate, Certificate of House Ownership, Certificate of Property Rights. Ownership of construction works on local mass media.
2. After 30 days from the date of posting the notice of loss of the Certificate at the headquarters of the commune-level People's Committee, for the case of households, individuals, residential communities, or from the date of first posting of information. on the local mass media in the case of a domestic organization, a religious establishment, a foreign organization, a foreign individual, an overseas Vietnamese, or a person who has lost their Certificate submit 01 application for re-issuance of the Certificate.
3. The land registration office is responsible for examining the dossier; extract cadastral map or extract cadastral measurement of the land plot, in case there is no cadastral map and no cadastral measurement of the land plot; compile a dossier and submit it to the competent state agency specified in Article 37 of this Decree to sign the decision on cancellation of the lost Certificate, and at the same time sign for re-issuance of the Certificate of land use rights, ownership of houses and assets. other property attached to land; to correct and update changes in cadastral records and land databases; handing over certificates of land use rights and ownership of houses and other land-attached assets to the grantees or sending them to the commune-level People's Committees for handing over in case the dossier is submitted at the commune level."
Khanh Linh
