How to correct errors in issued red books?

Huy Hùng |

Article 45 of Decree 101/2024/ND-CP stipulates the procedures for correcting issued Certificates (red books).

The application is submitted as follows:

a) In case the competent authority specified in Article 136 of the Land Law discovers that the issued Certificate contains errors, it shall notify the person to whom the Certificate is granted and request the return of the original issued Certificate for correction;

b) In case the person granted the Certificate discovers that the first issued Certificate has errors, he/she shall submit the dossier as prescribed in Clause 2 of this Article to the dossier receiving agency prescribed in Point a, Clause 1, Article 21 of this Decree. The dossier receiving agency shall issue a dossier receipt and schedule a return of results to the dossier submitter and forward the dossier to the competent land management agency;

c) In case the person granted the Certificate discovers that the issued Certificate when carrying out the procedure for registering changes in land and assets attached to land has errors, he/she shall submit the dossier as prescribed in Clause 2 of this Article to the dossier receiving agency prescribed in Clause 1, Article 21 of this Decree. The dossier receiving agency shall issue a dossier receipt and schedule the return of results to the dossier submitter. In case the dossier receiving agency prescribed in Point a, Clause 1, Article 21 of this Decree shall transfer the dossier to the Land Registration Office.

Documents submitted when performing the procedure of correcting the issued Certificate in case the land user or owner of the property attached to the land discovers that the issued Certificate has errors, including:

a) Application for registration of changes in land and assets attached to land according to Form No. 11/DK issued with this Decree;

b) Original copy of the issued Certificate;

c) Documents proving incorrect information of the person granted the Certificate compared to the information at the time of request for correction or incorrect information about the land plot and assets attached to the land compared to the information on the granted Certificate;

d) In case the land user or owner of property attached to land carries out procedures through a representative according to the provisions of civil law, there must be a document on authorization according to the provisions of civil law.

In case the first issued Certificate has errors, the competent land management agency shall:

a) Notify the Land Registration Office to transfer the application for the Certificate to the competent land management agency;

b) Check the records, make a record of the conclusion on the content and cause of the error;

c) Submit to the competent authority specified in Clause 1, Article 136 of the Land Law to confirm the correction on the issued Certificate or re-issue the Certificate of land use rights and ownership of assets attached to land;

d) Transfer the dossier to the Land Registration Office for correction and updating of changes in the cadastral records and land database; hand over the Certificate of land use rights and ownership of assets attached to land or send it to the dossier receiving agency to hand over to the grantee.

In case the Certificate issued when performing the procedure for registering changes in land and assets attached to land has errors, the Land Registration Office shall:

a) Check and make a record of the conclusion on the content and cause of the error;

b) Confirm the correction content on the issued Certificate or re-issue the Certificate of land use rights and ownership of assets attached to land;

c) Correct and update changes in land records and land database; hand over the Certificate of land use rights and ownership of assets attached to land or send it to the dossier receiving agency to hand over to the grantee.

Huy Hùng
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