During the management and use of the Land Use Rights Certificates in Vietnam, various objective factors may lead to being stained, blurred, torn, or damaged. In this case, a new Land Use Rights Certificate in Vietnam will be issued.
Article table of contents
The Land Use Rights Certificate in Vietnam will be replaced when it is blurred, torn, or damaged (Illustrative image)
Under Article 76 Decree 43/2014/ND-CP, a Land Use Rights Certificate in Vietnam will be replaced if the existing one is blurred, torn, or damaged. To replace the Land Use Rights Certificate in Vietnam, the following procedures must be completed:
1. Application for replacement of the Land Use Rights Certificate in Vietnam
According to Clause 1, Article 10 of Circular 24/2014/TT-BTNMT, the application for replacement of the Land Use Rights Certificate in Vietnam includes:
- An application for the replacement Certificate following Form No. 10/DK;
- The issued Land Use Rights Certificate.
2. Procedures for replacement of the Land Use Rights Certificate in Vietnam
Step 1: Submit the application
According to Article 60 of Decree 43/2014/ND-CP, in cases of replacement of Land Use Rights Certificate, citizens submit their applications at:
- The Land Registration Office. If there is no Land Registration Office, the Provincial Office for Land Use Rights Registration accepts the application.
- Households, individuals, and community groups can submit their applications at the Commune People's Committee.
- The Management Board of high-tech parks, and economic zones; Aviation Authority accepts and processes administrative procedures for land in high-tech parks, economic zones; and airports.
Note: In localities that have organized a single-window system to receive applications and return results of administrative procedures, these agencies shall receive applications and return results through the single-window system following the Decision of the Provincial People's Committee.
Step 2: Receipt of the application for Replacement of Land Use Rights Certificate
Step 3: Resolution of the Request for Replacement of 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 application and confirming the reason for replacing a certificate on the application form;
- Preparing the application 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. Time limit for replacement of the Land Use Rights Certificate in Vietnam
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 replacing a 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, disadvantaged areas, and particularly disadvantaged areas, the period is 17 days.
Note: This time is calculated from the date of receipt of the complete application; excluding weekends and public holidays as prescribed by law; excluding the time of application 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.
If the application is incomplete or invalid, the receiving and processing agency must notify and guide the applicant to supplement and complete the application as prescribed within a maximum of 03 working days.
Thus, when the Land Use Rights Certificate is blurred, torn, or damaged, citizens will be issued a new Land Use Rights Certificate after completing all the above procedures.
Le Vy
