A resident in Gia Lai province reflected on obstacles in the process of carrying out procedures for re-issuance of Land Use Right Certificates. When redoing the red book to carry out name transfer, this person discovered that the Certificate in his name showed the land plot being used by the neighboring household.
Faced with this situation, people are concerned whether the issuance of red books is in accordance with regulations or not and how functional agencies will handle it if they detect that the Certificate is issued to the wrong land user.
Regarding this content, the Ministry of Agriculture and Environment said that the 2024 Land Law has clearly stipulated the cases where the issued Certificates of Land Use Rights must be revoked.
According to point d, clause 2, Article 152 of the 2024 Land Law, the State revokes the Certificate issued in cases such as: issued under improper authority, issued to the wrong land user, incorrect area, wrong land use purpose, wrong land use term or the issued person does not meet the conditions to be issued according to the provisions of law at the time of issuance.
The revocation of the Certificate can be carried out based on many different grounds. In case the Court resolves a land dispute and there is a legally effective judgment or decision determining that the issuance of the red book is not in accordance with regulations, the competent authority will carry out the revocation according to the content of that judgment or decision.
In addition, if the inspection agency issues a written conclusion showing that the issuance of the Certificate is not in accordance with land law regulations, the competent authority will consider the content of the conclusion. When determining that the issuance of the certificate is wrong, the functional agency must issue a decision to revoke the issued Certificate.
In the process of land management, if the agency that issued the red book discovers that the previous issuance of the certificate was not in accordance with regulations, it must inspect the dossier, clearly notify the land user of the reason and carry out the procedures for recovery according to regulations.
In addition, when land users or owners of assets attached to land discover that the Certificate is issued not in accordance with regulations, they can send a written petition to the agency that issued the red book for consideration and resolution.
According to the provisions of land law, the competent authority to revoke Certificates in the above cases is the agency that has the authority to issue Certificates of land use rights and ownership of assets attached to land.
The Ministry of Agriculture and Environment recommends that when people detect errors related to the Certificate of Land Use Rights, they should contact the local land management agency to check the dossier and receive guidance on handling according to legal regulations.
