Answering the time to determine errors to correct the red book

Theo Cổng thông tin điện tử Chính phủ |

The Ministry of Agriculture and Environment has just clarified the time of determining errors when correcting the red book.

On the Government Portal, citizens asked: Mr. Q.C (Lao Cai) works at the Commune People's Committee. Recently, your commune received and resolved cases of correction of Certificates issued for the first time with errors of citizens in the area.

However, after completing the procedures, the commune received written opinions from the Branch of the Regional Land Registration Office with the content that the Commune People's Committee should carry out correction procedures for the contents "not being errors arising at the time of issuing the Certificate but information arising and changing after issuing the Certificate".

After that, the commune also sent a document to the Department of Agriculture and Environment requesting guidance and continued to receive the document with the content: "The contents that the Commune People's Committee has confirmed on the Certificate of Land Use Rights are changed information, arising after the time of issuance of the Certificate, not errors at the time of issuance of the Certificate, so they are not subject to correction of the Certificate according to the provisions of Clause 1, Article 152 of the 2024 Land Law".

After checking and comparing with the provisions of Clause 1, Article 152 of the Land Law, Mr. C requested the Ministry of Agriculture and Environment to pay attention, consider, and provide clearer guidance on information at what time to correct the Certificate for citizens and assess whether the dossier that his commune has completed is guaranteed according to the provisions of the Land Law or not?

The Ministry of Agriculture and Environment answers this question as follows:

Because he did not specify how the Certificate issued for the first time was wrong and did not send a specific dossier, the Ministry does not have enough grounds to assess the case that the commune has implemented. The Ministry of Agriculture and Environment gives a general answer on the principle as follows:

Clause 1, Article 152 of the 2024 Land Law stipulates cases of correction of issued Certificates with errors: there are errors in information of the person granted the Certificate compared to information at the time of correction; there are errors in information about land plots and assets attached to land compared to land registration declaration dossiers, assets attached to land that have been inspected and confirmed by land registration organizations or are shown in effective documents of competent state agencies on resolving land disputes.

Accordingly, the correction time is understood as the time when the competent authority conducts the review and comparison of dossiers to correct the Certificate, not the time when changes arise.

For information changes after the Certificate is issued, land users must carry out procedures to register changes according to the provisions of Article 133 of the 2024 Land Law.

Clause 2, Article 14 of Decree No. 49/2026/ND-CP dated January 31, 2026, detailing and guiding a number of articles of Resolution No. 254/2025/QH15 stipulating the authority to correct issued Certificates with errors.

At the same time, Clause 1, Article 15 of Decree No. 49/2026/ND-CP has assigned the Provincial People's Committee to regulate the order and administrative procedures for land, including the order and procedures for correcting the issued Certificate.

The Ministry of Agriculture and Environment informed him to know and study to implement according to the provisions of law.

Theo Cổng thông tin điện tử Chính phủ
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