On the Government Portal, citizens ask: Mr. D. M. D's family (Thanh Hoa) is carrying out procedures to register changes in land use rights (giving/transferring) for the land plot that was granted a Certificate in 2007.
However, in the process of resolving the dossier, the specialized agency requested to re-determine the residential land area with the reason that the cadastral records through the periods were different and said that the residential land area recorded in the 2007 Certificate may not be consistent with the archived records.
Mr. D asked, in case the Certificate of Land Use Rights has been legally issued and is still legally valid, is the land registration agency required to re-determine the residential land area recorded on the Certificate to serve as a basis for resolving the registration dossier for changes or not?
If the state agency believes that the issuance of the Certificate in 2007 was erroneous, is it necessary to carry out the procedures for revocation, cancellation or correction of the Certificate according to the order and procedures specified in the 2024 Land Law before resolving people's dossiers?
While there is no decision to revoke, cancel or conclusion from a competent authority on the illegality of the Certificate, does the land registration agency have to recognize the information about the area and type of land recorded on the Certificate to resolve administrative procedures for people?
The Ministry of Agriculture and Environment answers this question as follows:
The content of his reflection is whether the Certificate of land use rights, ownership of assets attached to land issued for the first time to households and individuals is in accordance with or not with the provisions of law at the time of issuance. Due to the lack of complete information, dossiers and accompanying documents, the Ministry of Agriculture and Environment has no basis to answer specifically. The Ministry would like to mention some provisions of land law as follows:
Point d, Clause 2, Article 152 of the Land Law stipulates that the State shall revoke the Certificate issued in cases, including cases where the Certificate issued is not in accordance with the land area or the land use purpose.
Point c, Clause 3, Article 152 of the Land Law stipulates that in cases where competent authorities detect that the Certificate issued is not in accordance with the provisions of land law, they shall re-examine it, notify the land user clearly of the reason and decide to revoke the Certificate issued in violation of regulations.
Based on the above regulations, when competent authorities detect that the issued Certificate is not in accordance with the provisions of land law, they shall decide to revoke the issued Certificate and transfer the dossier to the commune-level land management agency (because the revoked Certificate is the first-time issued Certificate) to check the dossier and re-determine information about the land area and land use purpose in accordance with the provisions of land law at the time of issuance of the Certificate. Submit to the agency or person with authority to issue a new Certificate.
The Ministry of Agriculture and Environment requests you to study the above regulations and contact competent authorities in the locality for settlement according to regulations.
