In Vietnam, the land belongs to the ownership of the entire people and uniformly managed by the State on behalf of the owner. Therefore, the State presents as the decision maker on the issuance and revocation of red and pink books. In what case will the state revoke the red book? In this article, LSX legal firm would like to inform you: “4 The case of red book revoked in Vietnam”
Legal grounds
- Law on Land 2013
- Circular 23/2014/TT-BTNMT
- Decree 43/2014/ND-CP
- Decree 48/2020/ND-CP
Red book and pink book
Red book, pink book – the term used by many people in daily life. The red book, pink book means another name for a certificate of land use rights, ownership of houses, and other land-attached assets.
According to Clause 16, Article 3 of the Law on Land 2013, Certificate of land use rights and ownership of houses and other land-attached assets means a legal certificate in which the State certifies the lawful land use rights and ownership of houses and land-attached assets of the person who has land use rights and ownership of houses and land-attached assets.
Contents of red book
The Ministry of Natural Resources and Environment issues the certificate in a uniform form which applied on a national scale for all types of land, houses, and properties associated with the land. A Certificate consists of one sheet including 04 pages printed on the background of lotus pink bronze drum pattern (called certificate draft) and additional page on page background, each page is 190mm x 265mm in size, including the contents regulated as follows:
- Page 1 consists of National name, emblem, and the words “Certificate of land use right, house ownership and properties associated with the land”; section “I. Name of land user, owner of house and properties associated with the land” and issue number of the Certificate (serial number) including 02 Vietnamese letters and 06 digits printed in black with embossing seal of the Ministry of Natural Resources and Environment;
- On page 2 with black letters including section “II. Land parcel, house and other properties associated with the land” in which there is information about the land lot, house and other constructional works, production forest as grown forest, perennials and note; signing date of Certificate and organ issuing Certificate and the recorded number in Certificate issuing book.
- Page 3 with black letters including section “III. Plan of land parcel, house and other properties associated with the land” and section “IV. Changes after the issuance of Certificate”.
- Page 4 with black words including the next contents of section” IV. Changes after the issuance of Certificate”; the contents of note to person issued with Certificate; barcode.
- Additional page of Certificate with black letters including the words “Additional page of Certificate”; land parcel number, issue number of Certificate; recorded number in Certificate issuing book and section “IV. Changes after the issuance of Certificate”; as in page 4 of the Certificate;
4 The case of red book revoked in Vietnam
The State may withdraw a granted certificate in the following cases:
- Firstly, the State recovers the whole land area indicated on the granted certificate;
- Secondly, the granted certificate is renewed;
- Thirdly, the land user or owner of the land-attached assets registers for a change of land or land-attached assets for which a new certificate of land use rights and ownership of houses and other land-attached assets must be granted;
- Fourthly, the existing certificate was granted ultra vires, to an improper land user, for a wrong land area, without sufficient conditions, for improper land use purpose or land use term or land use origin as prescribed by the land law, except for the case in which the person for whom the certificate is granted has transferred land use rights or ownership of land-attached assets in accordance with the land law.
When to withdraw red book, pink book?
According to Clause 3, Article 106 of the Law on Land 2013, the withdrawal of a granted certificate for the cases prescribed at Point d, Clause 2 of this Article shall be decided by the agency having the competence to grant the certificate of land use rights and ownership of houses and other land-attached assets as prescribed in Article 105 of this Law based on the conclusion of the inspection agency at the same administrative level, or based on the effective document issued by a competent state agency on land dispute settlement.
Regulations on revocation of red books issued in contravention of the law on land
The revocation of the Certificate issued in contravention of the land law as stated at Point d, Clause 2, Article 106 of the Land Law subject to the following regulations:
- In case the People’s Court having jurisdiction to settle land-related disputes has an effective judgment or decision, including the conclusion regarding revocation of the issued Certificate, the revocation of that Certificate must adhere to that judgment or decision;
- In case the investigation or inspection agency makes a written conclusion that the certificate has been granted in violation of the land law, the competent state agency shall consider whether such conclusion is correct and, if it is correct, shall decide to withdraw the granted certificate; in case of determining that the certificate has been granted lawfully, must notify this to the inspection agency;
- If the state agency competent to grant certificates of land use rights and ownership of houses and other land-attached property under the provisions of Article 105 of the Law on Land and Article 37 of Decree 148/2020/ND-CP finds that the certificate has been granted in violation of the land law, they must carry out re-examination and notify land users of clear reasons for this and decide to revoke the unlawful Certificate;
- If the land user or owner of land-attached property discovers that the Certificate has been issued in violation of regulations of the laws on land, they can file the written petition to the state agency having authority to issue that Certificate. The state agency competent to grant certificates of land use rights and ownership of houses and other land-attached property shall be responsible for checking, considering, and deciding the revocation of the Certificate issued in breach of land laws;
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Related questions
Article 66. Competence to recover land
1. Provincial People’s Committee may decide on land recovery in the following cases:
a) Recovery of land from organizations, religious establishments, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises, excluding the case prescribed at Point b, Clause 2 of this Article;
b) Recovery of agricultural land which is part of the public land funds of communes, wards or townships.
2. District-level People’s Committees may decide on land recovery in the following cases:
a) Recovery of land from households, individuals and communities;
b) Recovery of land from overseas Vietnamese who are allowed to own houses in Vietnam.
3. In case both subjects prescribed in Clauses 1 and 2 of this Article exist in one recovered area, the provincial People’s Committee shall decide on the land recovery or authorize district-level People’s Committees to decide on the land recovery.
Clause 8, Article 87, Decree 43/2014/ND-CP stipulates that the Land Registration Office has the responsibility to inform the competent authorities to re-issue land use certificate for land user in accordance with the law. In case the red book issued in contrary with the law, the land user has to carry out the procedures to apply for a certificate to comply with regulations.
Buying real estate without a red book has many potential risks. The buyer needs to resolutely receive the seller’s commitment to applying for the red book after signing the purchase and sale contract because you have to notarize all real estate transactions to make them valid before the law.
Conclusion: So the above is 4 The case of red book revoked in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
