Cases that must correct red books according to new regulations

Hà Vy |

Cases that require correction of red books are clearly stipulated in the 2024 Land Law, and are delegated the authority to be implemented from July 1, 2025 according to the new Decree of the Government.

According to regulations, cases that must correct existing red books have been corrected since January 1, 2025 according to the 2024 Land Law. However, from July 1, 2025, the implementation of this procedure will be more clearly delegated to the commune level according to Decree 151/2025/ND-CP.

Cases that must correct red books

According to Clause 1, Article 152 of the 2024 Land Law, the competent authority issuing the Certificate of land use rights and ownership of assets attached to land (also known as the red book) is responsible for correcting errors in the issued certificate in the following cases:

- There are 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.

Procedures for correcting red books

(1) The submission of documents is carried out 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 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 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.

(2) The dossier submitted when carrying out the procedure to correct the issued Certificate in cases where land users and owners of assets attached to land discover errors in the issued Certificate, including:

- 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 or property 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 Affairs, there must be a document on authorization according to the provisions of the Law on Civil Affairs.

Hà Vy
TIN LIÊN QUAN

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