Citizens should send questions to the Ministry of Agriculture and Environment to ask for guidance on the procedures for correction or revocation or re-issuance of the Land Use Rights Certificate in case of following errors:
In 2013, Mr. Nguyen Van L declared the dossier for granting a certificate of land use rights for another plot of land for growing annual crops, originally transferred in 2006. The land use right certificate issued on June 30, 2014, is registered under the name of Mr. Nguyen Van L.
Currently, Mr. L discovered errors in the land user, because the land plot belongs to him personally, not to the household. The initial declaration documents also show that the subject is an individual, but the land use right certificate is issued to the household.
According to Clause 1 and Point d, Clause 2, Article 152 of the 2024 Land Law, the regulation does not clearly state this specific case under the procedure for correction or revocation and re-issuance of land use right certificates. Therefore, Mr. L requested the Ministry to explain and guide him to comply with legal regulations.
Responding to this content, the Ministry of Agriculture and Environment said that the application of policies to consider correcting or revoking the Certificate for households and individuals using land needs to be based on each specific case and needs to be based on the dossier, therefore, the Ministry of Agriculture and Environment does not have a basis to answer specifically. The Ministry of Agriculture and Environment has the following principles:
Pursuant to Point b, 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 as prescribed in Article 136 of this Law is responsible for correcting the issued certificate with incorrect information about the land plot and assets attached to land compared to the land registration declaration file, assets attached to land that have been registered for inspection and confirmation by the land registration organization.
Pursuant to Point d, Clause 2, Article 152 of the 2024 Land Law, 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 revoking the issued certificate if it is not issued by the correct authority, not to the correct land user, not to the correct land area, not eligible for granted, not to the correct land use purpose or land use term or land use origin as prescribed by the land law at the time of issuance of the certificate.
The Ministry of Agriculture and Environment recommends that citizens contact the competent local authority for consideration and resolution in accordance with the provisions of law.
