1. Will the red book issued with incorrect land location be revoked?
Clause 2, Article 106 of the 2024 Land Law stipulates that the revocation of red books is carried out in the following cases:
- The State revokes the entire area of the Certificate of Land Use Rights (GCN).
- When issuing and exchanging the issued Certificate.
- Land users, owners of assets attached to land register changes in land and assets attached to land that must be newly issued a Certificate.
- The issued certificate did not have the following information at the time of issuance:
+ Authority
+ Land users
+ Land area
+ Land use purpose
+ Land use term
+ Origin of use
+ Not eligible for granted
- The issued certificate shall be destroyed by a competent Court.
- In case of auction or handover of land use rights and assets attached to land at the request of the Court or the enforcement agency, the person subject to enforcement shall not return the issued land use right.
Accordingly, if the issued book is in the wrong location, leading to incorrect land area or during the process of correcting the red book, there is a request to issue a new red book, the competent authority will revoke the previously issued red book.
2. How should people handle the red book issued with the wrong land location?
Pursuant to Clause 1, Article 152 of the 2024 Land Law, the following cases of correcting red books are stipulated:
- 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 records declared when registering land and assets attached to land or shown in the effective document of the competent state agency on land dispute settlement.
Thus, if the process of issuing a red book has errors or confusion of information leading to incorrect personal information, issuance of incorrect land location (false row numbers, plots, map sheet numbers, etc.) compared to the initial declaration documents that have been checked and confirmed by the land registration agency, people can request the competent authority to carry out procedures to correct the red book.
3. Procedures and records for handling red books issued with incorrect land locations
Pursuant to Article 45 of Decree 101/2024/ND-CP, the dossier and procedures for carrying out procedures to correct the red book issued with incorrect land location are stipulated as follows:
Step 1: Prepare and submit documents to correct the wrong land location of the red book
People granted red books prepare a set of documents to carry out procedures for correcting red books, including:
- Application for registration of changes in land and assets attached to land according to Form No. 11/DK
- Original Certificate
- Documents proving that the information of the person granted the book 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
- Authorization letter (in case of being asked to carry out procedures for book correction)
Step 2: Submit documents at:
- One-stop Department of the Provincial People's Committee (in this case, the Provincial People's Committee will transfer the dossier to the Land Registration Office)
- Office/ Branch of the Land Registration Office.
Step 3: The competent authority will correct the information
The Land Registration Office inspects and makes a record of the conclusion on the content and cause of errors; confirms the correction on the book and then prepares a file to submit to the competent authority for correction. At the same time, errors in cadastral records and land databases were corrected.
Step 4: Re-issued the GCN to the person who needs to correct the book.
