Mr. P.C.T in Hanoi reflected that his parents-in-law passed away in 2018 and 2019 and left a plot of land in another province, which was granted a red book in 1995 under the name of his father-in-law.
However, the middle name of his father-in-law on the ID card and the red book was incorrect.
Mr. T asked, now that his wife has authorized him to be his representative to carry out the request to correct incorrect information on the red book, how should he carry out the detailed procedures?
The Ministry of Agriculture and Environment responds to this issue as follows:
Clause 1, Article 152 of the Land Law stipulates:
The competent authority issuing the Certificate of land use rights and ownership of assets attached to land as prescribed in Article 136 of this Law is responsible for correcting errors in the issued Certificate in the following cases:
There were errors in the information of the person granted the Certificate compared to the information at the time of correction.
There are errors in information about land plots and assets attached to land compared to the land registration declaration file, assets attached to land that have been inspected and confirmed by a land registration organization or shown in the effective document of a competent state agency on land dispute settlement".
The implementation procedures are as follows:
In case the competent authority or person specified in Article 136 of the Land Law discovers that the issued Certificate has errors, it shall notify the person to whom the Certificate is granted and request to return the original Certificate issued for correction.
In case the person granted the Certificate discovers that the Certificate issued for the first time has errors, the dossier shall be submitted according to the provisions of Section 2, Part XIV to the One-Stop Department.
The dossier receiving agency shall:
Check the completeness of the dossier components and issue a dossier receipt and schedule a return of results.
In case the documents are not complete, the documents must be returned with the Supplement and Complete Application Form so that the applicant can register to complete and supplement according to regulations.
The dossier receipt and appointment to return results and the Request for Supplement and Completion of documents shall comply with the form prescribed in the Government's Decree regulating the implementation of the one-stop, one-stop mechanism in handling administrative procedures.
Transfer the dossier to the competent land management agency.
In case the person granted the Certificate discovers that the issued Certificate when carrying out the procedures for registering changes in land and assets attached to land has errors, the dossier shall be submitted according to the provisions of Section 2, Part XIV to the One-stop Department or the Land Registration Office or Branch of the Land Registration Office.
The dossier receiving agency shall:
Check the completeness of the dossier components and issue a dossier receipt and schedule a return of results.
In case the documents are not complete, the documents must be returned with the Supplement and Complete Application Form so that the applicant can register to complete and supplement according to regulations.
The dossier receipt and appointment to return results and the Request for Supplement and Completion of documents shall comply with the form prescribed in the Government's Decree regulating the implementation of the one-stop, one-stop mechanism in handling administrative procedures.
In case the dossier receiving agency is the One-stop Department, the dossier shall be transferred to the Land Registration Office.
The dossier submitted when carrying out the correction procedure includes:
Application for registration of changes in land and assets attached to land according to Form No. 18 issued with this Decree.
Original Certificate of Land Use Rights.
Documents proving that the information of the person granted the Certificate is incorrect compared to the information at the time of request for correction or that the information about the land plot and assets attached to the land is incorrect compared to the information on the issued Certificate.
In case the land user or owner of the property attached to the land carries out the procedure through a representative according to the provisions of the law on civil matters, there must be a document on authorization according to the provisions of the law on civil matters.
In case the first-issued Certificate has errors, the competent land management agency shall:
Notify the Land Registration Office to transfer the dossier for granting the Certificate to the competent land management agency.
Check the dossier, make a record of the conclusion on the content and cause of errors.
Submit to the competent authority or person specified in Clause 1, Article 136 of the Land Law to confirm the correction on the issued Certificate or reissue the Certificate of land use rights and ownership of assets attached to land.
Transfer the dossier to the Land Registration Office to revise and update changes in land records and land databases; grant a Certificate of land use rights and ownership of assets attached to land or send it to the dossier receiving agency to give to the granted person.
In case the Certificate issued when carrying out the procedures for registering changes in land and assets attached to land has errors, the Land Registration Office shall:
Check and make a record of the conclusion on the content and cause of errors.
Confirm the correction on the issued Certificate or newly issued Certificate of land use rights and ownership of assets attached to land.
Adjust and update changes in cadastral records and land databases; grant a Certificate of land use rights and ownership of assets attached to land or send it to the dossier receiving agency to give to the granted person.
