Procedures for reissuing the issued Certificate due to loss
Land users and owners of assets attached to land submit 01 set of documents to the One-stop Department or the Land Registration Office or Branch of the Land Registration Office.
The dossier receiving agency shall:
- Check the completeness of the dossier components and issue a dossier receipt and schedule a return of results.
In case the documents are not complete, the documents must be returned with the Supplement and Complete Application Form so that the applicant can register to complete and supplement according to regulations.
The dossier receipt and appointment to return results and the Request for Supplement and Completion of documents shall comply with the form prescribed in the Government's Decree regulating the implementation of the one-stop, one-stop mechanism in handling administrative procedures.
- In case the dossier receiving agency is the One-stop Department, the dossier shall be transferred to the Land Registration Office.
The dossier includes:
a) Application for registration of changes in land and assets attached to land according to Form No. 18 issued with this Decree;
b) Land plot cadastral map extracts in cases where land users need to measure to re-determine the size of the edges and area of the land plot.
The Land Registration Office performs the following tasks:
a) Check information about the issued Certificate that the land user or owner of the property attached to the land declared missing in the cadastral records or land database;
b) In case of detecting a plot of land or property attached to a land with a Certificate that has been transferred, or the property ownership of property attached to the land or is being mortgaged at a credit institution, other economic organization or individual as prescribed by law, the dossier shall be notified and returned to the land user or property owner attached to the land;
c) In case not specified in Point b of this Section 2, the Land Registration Office shall forward information to the People's Committee of the commune where the land is located to implement the content specified in Section 3, Part VIII for households and individuals; publish information 03 times on local mass media within 15 days about the loss of the issued Certificate for organizations and people of Vietnamese origin residing abroad, foreign organizations and individuals, the cost of posting information shall be paid by land users and owners of assets attached to the land;
d) Cancel the issued Certificate; update and edit cadastral records and land databases after implementing the contents specified in Section 3, Part VIII; reissue the Certificate of land use rights and ownership of assets attached to land to the granted person.
In case the issued Certificate does not use a cadastral map or a cadastral map extract of a land plot, it shall comply with the provisions of Point b, Section 3, Part VI of "Part C. Procedures for registering land and assets attached to land".
The People's Committee at the commune level is responsible for implementing the following tasks:
a) Publicly post the loss of the issued Certificate at the headquarters of the People's Committee at the commune level and the residential area where the land is located within 15 days; at the same time, receive feedback within the time of public posting about the loss of the issued Certificate;
b) Within no more than 05 days from the date of expiration of the posting period, the People's Committee at the commune level is responsible for making a record of the expiration of posting and sending it to the Land Registration Office.
In case the Supplementary Section of the Certificate issued under the provisions of the Land Law before the effective date of this Decree is lost, the land user or owner of the property attached to the land shall submit an application for registration of changes in land and assets attached to the land according to Form No. 18 issued with this Decree and the original of the issued Certificate. The Land Registration Office checks the information of the Supplementary Site in the cadastral records and land database; reissues the Certificate of Land Use Rights and Property Ownership of Assets Attached to the Land with updated information of the issued Certificate and information on the Supplementary Site.
