A resident in Gia Lai wondered about the case where the Certificate of Land Use Rights (red book) was issued to Mr. A, then Mr. A transferred a part of the area to Mr. B. Mr. A's remaining area was later discovered to have incorrectly recorded the land use purpose.
People are wondering whether the red book will be revoked in this case.
Regarding the above content, the Ministry of Agriculture and Environment cited the provisions of Clause 2, Article 152 of the 2024 Land Law on cases where the State revokes Certificates of land use rights and ownership of assets attached to land that have been issued.
According to regulations, the issued Certificate will be revoked in cases such as: The State recovers the entire land area recorded on the Certificate; re-issuance of the Certificate; land users register changes and must issue a new Certificate; or the Certificate is issued not in accordance with land law regulations.
In which, cases of wrong issuance include issuance not under the correct authority, not to the right land users, incorrect area, wrong land use purpose, land use term or origin of land use at the time of issuance of the Certificate.
However, the law also stipulates that competent authorities do not revoke the wrongly issued Certificate if the issued person has transferred land use rights or transferred ownership of assets attached to land in accordance with legal regulations.
Damage handling in this case will be carried out according to the effective judgment or decision of the court. Organizations and individuals who violate regulations in the process of issuing Certificates will be considered for handling according to regulations.
For cases where only a part of the area is transferred, the remaining area, if the wrong land use purpose is detected, may still be subject to consideration and handling according to the provisions of land law.
The 2024 Land Law also stipulates that the revocation of the issued Certificate can only be carried out when there is a judgment or decision of the court that has been enforced or a petition from the judgment enforcement agency with the content requesting revocation.
