Cases of revocation of red books under new regulations

Minh Huy |

The revocation of red books issued incorrectly is tightened under the new law, to prevent the situation of incorrect issuance and ensure that people receive the correct land use rights.

According to the provisions of the 2024 Land Law, cases of red book revocation include:

The State reclaims the entire area of land on the issued red book.

Issued to exchange issued red books.

Register changes in land and assets attached to land that require a new red book.

The red book was issued incorrectly in accordance with the provisions of the law on land. Specifically: Issued without proper authority, granted to the wrong subject, granted to the wrong area, granted red books when not qualified, granted books for the wrong purpose or land use term...

The issued red book was cannot be accepted by the competent Court.

Auction and assignment of land use rights and assets attached to land at the request of a Court or enforcement agency for which the person subject to enforcement does not submit the issued red book.

The procedure for revoking the issued red book is not in accordance with regulations

Step 1: The land user must send a written petition to the Public Administration Service Center.

Step 2: Receive documents

Check the completeness of the dossier components and issue a dossier receipt and schedule a return of results.

In case the application is not complete, the application with the supplement and completion request form will be returned so that the requester can register for the supplement according to regulations.

Transfer the dossier to the People's Committee (UBND) of the commune where the land is located.

Step 3: The competent land management agency at the commune level shall:

Notify the Land Registration Office and the Branch of the Land Registration Office to transfer the first-time red book issuance dossier for inspection, consideration and submit to the Chairman of the People's Committee at the commune level to decide to revoke the issued red book that is not in accordance with the provisions of the land law.

At the same time, check the dossier and re-identify the information according to the provisions of Point d, Clause 2, Article 152 of the Land Law at the time of issuance of the red book.

Submit to the Chairman of the People's Committee at the commune level to issue a new red book. Then transfer the processed dossier to the Land Registration Office, Branch of the Land Registration Office to edit the cadastral records, land database; transfer the red book to the dossier receiving agency to give to the granted person.

Minh Huy
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