Reasons for losing the red book during the mortgage process
Due to the mortgagee's negligence: the bank or credit institution does not manage closely, leading to loss or theft of the red book.
Force majeure events such as floods and fires are also the cause of red book loss.
Some cases of red books being invalidated or not reissued in time after being revoked for information correction.
Report lost red book and reissue
According to Article 77 of Decree 43/2014/ND-CP (amended and supplemented by Decree 01/2017/ND-CP), when discovering the loss of the red book, people need to:
Report the loss to the police station at the commune, ward or town level where the book was lost. This is to confirm the loss of the document as a basis for the next procedure.
Submit an application for reissuance of the Land Use Right Certificate to the local Land Registration Office under the Department of Natural Resources and Environment. The application includes: application for reissuance of the red book; Certificate of loss of the red book provided by the police; Personal identification documents (CCCD/ID card/passport) and documents proving land use rights (if any).
After receiving the declaration of the household or individual, the People's Committee of the commune, ward or town where the incident occurred is responsible for posting a notice of loss of the Certificate (red book) at its headquarters. After 30 days from the posting of the notice, the household or individual whose Certificate has been lost shall submit 01 set of documents requesting reissuance.
However, the red book is only reissued in case the owner loses it. If the red book is being pledged or mortgaged and then reported lost to request a new book, it is a violation of the law. In case you have pledged the red book, you will not be able to request a new book but can only file a lawsuit to reclaim the pawned red book from the pawn service business.
