Pursuant to Clause 6, Article 152 of the 2024 Land Law, it is stipulated as follows:
Article 152. correction, revocation, and cancellation of issued certificates
6. In case the issued certificate is revoked according to the provisions of Clauses 2 and 5 of this Article and the land user or owner of the property attached to the land does not submit the issued certificate, the competent authority issuing the Certificate of land use rights and ownership of property attached to land as prescribed in Article 136 of this Law shall decide to cancel the issued certificate.
Specifically, based on Clause 2 and Clause 5, Article 152 of the 2024 Land Law, it is stipulated that the State will revoke the issued red book in the following cases:
- The State reclaims the entire land area recorded in the issued red book;
- Issued to exchange issued red books;
- Land users, owners of assets attached to land registering changes in land and assets attached to land that must be re-issued red books;
- The certificate has been issued without proper authority, to the wrong land user, to the wrong land area, not meeting the conditions for issuance, not for the right land use purpose or land use term or land use origin according to the provisions of the land law at the time of issuance of the certificate;
- 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 submit the issued certificate.
The revocation of issued red books not falling under the provisions of Clause 2, Article 152 of the 2024 Land Law shall only be carried out when there is a judgment or decision of the Court that has been enforced or a written recommendation from the enforcement agency on the enforcement of the judgment or decision in accordance with the provisions of law, including the content requesting the revocation of the issued certificate.
Thus, in the case of revoking the issued red book but the land user or owner of the property attached to the land does not submit the issued red book, the competent authority issuing the red book shall decide to cancel the issued red book.
