Hello LSX. A few years ago, I bought land from an acquaintance and made a red book. Now that I have checked again, I have discovered that the red book was granted the wrong land plot of another person. So about the matter “ The red book is granted the wrong land plot in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Decree No. 43/2014/ND-CP detailing the implementation of a number of articles of the land law.
What is Red Book?
Red book is the word that people often use to call the certificate of land use right based on the color of the certificate; The land law has so far not provided for Red Book and Pink Book.
Depending on the stage, in Vietnam there are different types of Certificates such as:
+ Certificate of land use right;
+ Certificate of house ownership and residential land use right;
+ Certificate of house ownership.
From December 10, 2009, the Ministry of Natural Resources and Environment issued a new form of Certificate for general application throughout the country with the name Certificate of land use rights, ownership of houses and other assets attached to land. attached to the land (The certificate has a pink cover).
Currently, the Land Law 2013 and guiding documents inherit the name of the new Certificate. Clause 16, Article 3 of the 2013 Land Law states:
A certificate of land use rights and ownership of houses and other land-attached assets is a legal document for the State to certify land use rights and ownership of houses and other land-attached assets. lawful rights of persons with land use rights, house ownership rights and other land-attached property rights.”
How should the land registration office branch issue a red book to the wrong plot?
Pursuant to the provisions of Article 106 of the 2013 Land Law on correction and revocation of the granted land use right certificates as follows:
“1. The certificate-granting agency is responsible for correcting errors in the issued Certificate in the following cases:
a) There is an error in information about the name, legal person paper or personal identity, address of the land user, owner of property on land compared to the legal person’s papers or personal identity at the time of issuance of the Certificate. the person’s certification;
b) There is an error in information about the land parcel and land-attached assets compared with the land registration dossiers and land-attached assets which have been verified and verified by the land registration agency.
2. The State shall revoke the granted Certificate in the following cases:
a) The State recovers the entire land area on the issued Certificate;
b) Issuance and replacement of the issued Certificate;
c) Land users, owners of land-attached assets register changes in land and land-attached assets and must issue new certificates of land use rights and ownership of houses and other assets attached to the land;
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. to use 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.
3. The revocation of the issued Certificate, for the case specified at Point d, Clause 2 of this Article, by the agency competent to issue the Certificate of land use rights and ownership of houses and other assets attached to the land. the land specified in Article 105 of this Law shall decide after having obtained the conclusion of the same-level inspection agency and the effective document of the competent state agency in charge of land dispute settlement.”
According to the above regulations, if the branch of the land registration office issues the red book with the wrong land plot, it will have to carry out the correction procedures.
If the red book is issued with the wrong land plot, what documents should be prepared to correct it?
Pursuant to the provisions of Clause 3, Article 10 of Circular 24/2014/TT-BTNMT stipulating:
“3. Dossier submitted when carrying out the procedures for correcting the issued Certificate, Certificate of House Ownership, Certificate of Ownership of Construction Works, include:
a) An application for correction in case the land user or property owner discovers errors in the Certificate, Certificate of House ownership or Certificate of ownership of construction works that have been completed; grant;
b) The original of the issued Certificate.”
The red book is granted the wrong land plot in Vietnam
Article 86 of Decree 43/2014/ND-CP stipulates the procedures for correcting the issued Certificate, specifically as follows:
“1. Land users and owners of property on land submit the erroneously issued Certificate, Certificate of House Ownership, Certificate of Ownership of Construction Works to the Registration Office. If the error is caused by the fault of the land user or owner of land-attached assets, the land user or owner of land-attached assets must submit an application to receive the land registration certificate for correction. corrections.
In case the Land Registration Office detects errors in the issued Certificate, Certificate of House Ownership or Certificate of Ownership of Construction Works, it shall notify the land user and request Land users and owners of property on land shall submit the issued Certificates for correction.
2. The land registration office is responsible for checking; make a record of conclusions on the contents and causes of errors; compile a dossier and submit it to a competent authority for correction in the issued Certificate, Certificate of House Ownership or Certificate of Construction Ownership with errors; at the same time correcting incorrect contents in cadastral records and land databases.
3. In case of correction, the person issued with the Certificate, Certificate of House Ownership or Certificate of Ownership of Construction Works requests to be changed to a Certificate of Land Use Right or Ownership. housing and other land-attached assets, the land registration office shall submit it to the competent authority for issuance of a certificate of land use rights and ownership of houses and other land-attached assets.
Thus, in your case, you need to contact the branch of the land registration office to carry out the procedure to correct the red book due to the wrong location of the land.
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Frequently asked questions
When carrying out the procedures for correcting red book information, the corrector, depending on what information needs to be corrected, will need to pay the following fees:
Registration fee for land change registration.
Fees for extracting cadastral maps or cadastral measurements of land plots.
Fee for exchange and re-issuance of land use right certificates (if required).
The rate of collection shall be set by the People’s Committee of each province and city in accordance with each locality.
The rate of collection for households and individuals in districts of centrally run cities, urban wards of cities or provincial towns is higher than that in other areas.
The rate for organizations is higher than that for households and individuals.
The time limit for changing and correcting the red book on information on the land use right certificate is specified in Decree 01/2017/ND-CP:
Time to carry out procedures for correction of land use right certificates is no more than 10 days.
In the case of deep-lying areas, mountainous areas, islands, remote areas, and areas with extremely difficult economic conditions, the extension may be extended by no more than 10 days, or 20 days at most. After this time limit expires, if there is still no result, the state agency must clearly answer the reason to the people.
According to Article 106 of the 2013 Land Law, the agency competent to issue the Certificate is responsible for correcting the issued Certificate with errors in the following cases:
There is an error in information about the name, legal or personal papers, address of the land user, owner of the property on land compared to the legal person’s or personal papers at the time of issuance of the Certificate.
There is an error in information about the land parcel and land-attached assets compared with the land registration declaration dossier and land-attached assets which have been verified and verified by the land registration agency.
Conclusion: So the above is The red book is granted the wrong land plot in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
