The wrongly allocated land that has been transferred to be recovered is not a legal issue that many people are concerned about. The Land Law stipulates cases in which a Certificate of land use right is granted. So about the matter “Revoke the wrong land use right certificate in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
Which land use cases are granted certificates of land use rights, ownership of houses and other land-attached assets?
Pursuant to Article 99 of the Land Law 2013 stipulates the cases of land use that are granted certificates of land use rights, ownership of houses and other land-attached assets as follows:
The State shall grant certificates of land use rights and ownership of houses and other land-attached assets in the following cases:
• Current land users who are eligible for a Certificate of land use rights and ownership of houses and other land-attached assets as prescribed in Articles 100, 101 and 102 of this Law;
• Persons who are allocated or leased land by the State after the effective date of this Law;
• Persons who are converted, transferred, inherited, donated, or contributed as capital with land use rights; the recipient of the land use right when dealing with the mortgage contract with the land use right for debt recovery;
• The person using the land according to the successful conciliation results for the land dispute; according to a judgment or decision of a people’s court, a judgment enforcement decision of a judgment enforcement agency or a decision on settlement of a dispute, complaint or denunciation about land by a competent state agency that has been executed. onion;
• The winner of the auction of land use rights;
• Land users in industrial parks, industrial clusters, export processing zones, high-tech zones, economic zones;
• Buyers of houses and other land-attached assets;
• Persons liquidated by the State, valuing houses attached to residential land; buyers of state-owned housing;
• Land users split or combine plots; groups of land users or members of households, spouses, and land-using organizations that split or consolidate existing land use rights;
• The land user applies for the replacement or re-issuance of the lost Certificate.
Can the wrongly allocated land be recovered?
Pursuant to Article 106 of the 2013 Land Law stipulating the correction and revocation of the issued Certificates as follows:
The agency competent to issue the Certificate is responsible for correcting errors in the issued Certificate in the following cases:
• There is an error in information about the name, legal documents or personal identity, address of the land user, owner of property on land compared to legal or personal papers at the time of issuance of the Certificate receipt of that person;
• There is an error in information about the land plot and land-attached assets compared with the land registration declaration and land-attached assets which have been verified and verified by the land registration agency.
The State shall revoke the granted Certificate in the following cases:
• The State recovers the entire land area on the issued Certificate;
• Issuance and replacement of the issued Certificate;
• Land users, owners of land-attached assets that register changes in land and land-attached assets must issue a new Certificate of land use rights, ownership of houses and other assets attached to
• The certificate has not been issued according to the right authority, wrong land user, wrong land area, ineligible for grant, wrong land use purpose or land use term or origin of use land according to the provisions of the land law, unless the certificate holder has transferred the land use rights and ownership of land-attached assets in accordance with the land law.
The revocation of the issued Certificate, for the case specified at Point d, Clause 2 of this Article, shall be regulated by the agency competent to issue the Certificate of land use rights and ownership of houses and other land-attached assets. prescribed in Article 105 of this Law to decide, after having obtained the conclusion of the same-level inspection agency, the effective document of the competent state agency in charge of land dispute settlement.
Thus, based on point d, clause 2, Article 106 of the 2013 Land Law, the land must be allocated in accordance with the law in order to be granted a certificate. The wrongly allocated land will have the issued Certificate revoked according to the provisions of law.
Revoke the wrong land use right certificate in Vietnam
Pursuant to Clause 26, Article 1 of Decree 148/2020/ND-CP stipulates as follows:
The revocation of a Certificate issued in contravention of the land law at Point d, Clause 2, Article 106 of the Land Law shall be carried out as follows:
• In case the People’s Court competent to settle land disputes has an effective judgment or decision, which contains a conclusion on the revocation of the issued Certificate, the revocation of the Certificate shall be comply with that judgment or decision;
• In case the inspection agency has a written conclusion that the issued Certificate is not in accordance with the provisions of the land law, the competent state agency is responsible for considering, if that conclusion is correct, the decision on collection of the certificate shall be made. revoke the issued Certificate; in case of considering and determining that the granted Certificate is in accordance with the provisions of law, it must notify the inspection agency again;
• In case a state agency competent to grant certificates of land use rights and ownership of houses and other land-attached assets specified in Article 105 of the Land Law and Article 37 of this Decree detects that If the certificate has not been issued in accordance with the provisions of the land law, it shall be re-examined and notified to the land user clearly of the reason and decide to revoke the issued Certificate in contravention of regulations;
• In case the land user or owner of land-attached assets discovers that the issued Certificate is not in accordance with the provisions of the law on land, he/she shall send a written petition to the competent state agency for issuance. Certificate of land use rights, ownership of houses and other assets attached to land. State agencies competent to grant certificates of land use rights and ownership of houses and other land-attached assets are responsible for examining, considering and deciding to revoke certificates issued in contravention of provisions of the law on land;
• The agency competent to revoke the Certificate specified at Points a, b, c and d of this Clause is the agency competent to issue the Certificate at the time of revocation of the Certificate;
• The land registration office shall recover and manage the revoked Certificate according to the decision on revocation of the Certificate issued by a competent state agency;
• In case the land user or owner of property on land disagrees with the settlement of the competent state agency specified at Points b, c and d of this Clause, they have the right to lodge a complaint according to the provisions of this Law.
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Frequently asked questions
Not only the Certificate (Red Book, Pink Book) but also other documents, when the information is wrong, the grantee has the right to request the agency that issued the document to correct or correct it to correct the erroneous information. Particularly in case the Certificate is issued with the wrong area, it is not in the case of correction to correct information.
Clause 2, Article 106 of the 2013 Land Law stipulates cases in which the State revokes the Certificates issued to land users, clearly stating:
“…
d) The certificate has not been issued according to the authority, wrong land users, wrong land area, ineligible for grant, improper land use purpose or land use term or origin of land use. use the land in accordance with the land law, except where the certificate holder has transferred the land use rights and ownership of land-attached assets in accordance with the land law.”.
Thus, when the certificate is issued with the wrong area (not the right land area), it will be revoked by the certificate-issuing agency.
Note: The State will not revoke the illegally issued Certificate in the cases specified at Point d, Clause 2, Article 106 of the Land Law 2013 if the Certificate holder has carried out the transfer or conversion procedures. , inheritance, donation, capital contribution and has been settled in accordance with the law (according to Clause 26, Article 1 of Decree 148/2020/ND-CP).
The person whose land has been issued with a book to another person must prove that he/she has a legal right to that land (through land purchase and sale documents, red book, pink book, etc.).
If there is a dispute that cannot be resolved by oneself, a competent authority may be requested to settle the land dispute in accordance with the provisions of law.
Conciliation at the Commune People’s Committee In case of successful conciliation (end of dispute)
If the conciliation fails, the parties may initiate a lawsuit in court.
Procedures for correcting the certificate are carried out as follows:
Submit the certificate of issued error to the Land Registry Office for correction.
The land registration office examines and makes a record of conclusions on the contents and causes of errors; make a dossier and submit it to the competent authority for correction in the issued certificate with errors; at the same time correcting incorrect contents in cadastral records and land databases.
In case the error is caused by the fault of the land user during the conversion or transfer to another person, an application must be made for correction.
The transferee of the land plot is responsible for cooperating with the land registration office in the process of inspecting and making minutes of conclusions on the content and causes of errors.
The exchange of land plots directly affects the legitimate rights and interests of the parties. Therefore, the parties can agree with each other and coordinate with the competent authority to correct the information on the red book in accordance with the provisions of law.
Conclusion: So the above is Revoke the wrong land use right certificate in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
