Citizens send questions to the Ministry of Agriculture and Environment with the content:
In case of dispute, the Civil Judgment Enforcement Sub-Department has organized enforcement, accordingly, a part of the land area has been allocated from Party A to Party B; currently, this land area is managed and used by Party B.
Through review, the Land Use Right Certificate of Party A is the first-time issued certificate and has not been registered for changes. However, in the judgment of the Court and the Judgment Enforcement Decision, there is no content requesting the revocation or cancellation of the issued Land Use Right Certificate.
Therefore, it is proposed to clarify: Is the commune-level People's Committee authorized to revoke or cancel the Certificate of Land Use Rights in cases where people do not provide the Certificate? If possible, it is proposed to provide specific guidance so that localities have a basis to carry out administrative procedures according to regulations.
At the same time, is the revocation or cancellation of the Certificate in this case consistent with the provisions of Clause 5, Article 152 of the Land Law (stipulating that the revocation of the Certificate must be based on a judgment or decision with the content requesting the revocation of the issued Certificate) or not?
Answering this content, the Ministry of Agriculture and Environment said:
Cases of revocation of issued certificates have been specified in Clause 2 and Clause 5, Article 152 of the 2024 Land Law;
In case the issued certificate is revoked according to the provisions of Clause 2 and Clause 5, Article 152 of the 2024 Land Law, and the land user, owner of assets attached to the land does not submit the issued certificate, the competent authority issuing the Certificate of land use rights, ownership of assets attached to the land specified in Article 136 of the 2024 Land Law decides to cancel the issued certificate.
The case mentioned by the Citizen does not fall into one of the cases specified in Clause 2 and Clause 5, Article 152 of the 2024 Land Law. Therefore, the competent authority issuing the Certificate of land use rights, ownership of assets attached to land specified in Article 136 of the 2024 Land Law has no basis to decide to cancel the issued certificate.
