Clause 9 of this Article stipulates the issuance of Certificates of land use rights and ownership of assets attached to land after revoking the Certificates specified in Point d, Clause 2, Article 152 of the Land Law as follows:
a) In case the revoked Certificate is the first-time issued Certificate, the Land Registration Office shall transfer the Certificate issuance file to the competent land management agency.
The competent land management agency shall check the dossier and re-determine the information specified in Point d, Clause 2, Article 152 of the Land Law in accordance with the provisions of the land law at the time of issuance of the Certificate; prepare the dossier for the competent authority specified in Clause 1, Article 136 of the Land Law to issue the Certificate of land use rights and ownership of assets attached to land; transfer the resolved dossier to the Land Registration Office to perform the work specified in Point d of this Clause;
b) In case the revoked Certificate is a Certificate issued in the case of registration of changes in land and assets attached to land, the Land Registration Office shall examine the dossier that issued the Certificate to re-determine the information specified in Point d, Clause 2, Article 152 of the Land Law in accordance with the provisions of the land law at the time of issuance of the Certificate; issue the Certificate of land use rights and ownership of assets attached to land according to the authority specified in Clause 2, Article 136 of the Land Law and the work specified in Point d of this Clause;
c) The competent land management agency and the Land Registration Office do not re-determine other information on the Certificate that has been established by the competent authority in accordance with the provisions of law;
d) For Certificates issued not in accordance with the provisions of law due to the fault of the competent authority issuing the Certificate, financial obligations shall be determined according to the policy on land use fees and land rents at the time of issuance of the previous Certificate; for cases due to the fault of the land user, financial obligations shall be determined according to the policy on land use fees and land rents at the time of issuance of the Certificate of land use rights and ownership of assets attached to land;
d) The land registration office shall correct cadastral records and land database; grant the Certificate of land use rights and ownership of assets attached to land or transfer the dossier to the receiving agency to grant to the grantee.
Clause 10 of this Article stipulates that in the case where at the time of revocation of the issued Certificate, the land use rights and ownership rights of assets attached to the land are being mortgaged and the mortgagee is holding the Certificate, the competent authority revoking the Certificate shall be responsible for notifying the land user, the owner of the assets attached to the land and the mortgagee. The mortgagee shall be responsible for submitting the issued Certificate to the competent authority issuing the Certificate of land use rights and ownership rights of assets attached to the land.
