According to Article 39 of Decree 101/2024/ND-CP, the order and procedures for re-issuing lost red books applicable from August 1, 2024 are prescribed as follows:
Step 1: Submit application to reissue lost red book
Land users and owners of land-attached assets submit an application for registration of changes in land and land-attached assets according to Form No. 11/DK issued with Decree 101/2024/ND-CP to one day. of the following dossier-receiving agencies:
- One-stop department according to regulations of the Provincial People's Committee on receiving documents and returning results of administrative procedures at provincial, district and commune levels;
- Land registration office or Land registration office branch.
In case a land user or owner of assets attached to land submits an application to reissue a lost red book to the One-Stop Department, the application will be transferred to the Land Registration Office.
Step 2: The land registration office performs the following tasks:
- Check information about issued red books that land users and owners of assets attached to land declare lost in cadastral records and land databases;
- In case it is discovered that a plot of land or assets attached to land issued with a red book have been transferred land use rights, ownership of assets attached to land or are mortgaged at credit institutions or economic organizations. Other individuals or individuals as prescribed by law shall notify and return documents to land users and owners of assets attached to land;
- If it does not fall into the above cases, the land registration office transfers the information to the People's Committee of the commune where the land is located; Posting information 3 times on local mass media within 15 days about the loss of red books issued to organizations and people of Vietnamese origin residing abroad, the cost of posting information is borne by the user. land use, the owner of assets attached to the land pays;
- Cancel the issued red book; Update and adjust cadastral records and land database after the commune-level People's Committee has publicly posted and made a posting record on the loss of the red book; Reissue the Certificate of land use rights and ownership of assets attached to land to the grantee.
In case the issued red book has not used the cadastral map or cadastral map measurement of the land plot, the provisions in Point b, Clause 3, Article 37 of Decree 101/2024/ND-CP will be followed.
Step 3: The Commune People's Committee is responsible for performing the following tasks:
- Publicly post the loss of the issued red book at the headquarters of the commune-level People's Committee and the residential area where the land is located within 15 days; At the same time, receive feedback during the public posting period about the loss of the issued red book;
- Within no more than 5 days from the end of the listing period, the Commune People's Committee is responsible for making a record of the end of the listing and sending it to the Land Registration Office.
Note that in case the additional page of the red book issued before August 1, 2024 is lost, the land user and owner of assets attached to the land must submit an application for registration of changes in land and assets attached to the land. land according to Form No. 11/DK issued with Decree 101/2024/ND-CP and the original issued Certificate.
The land registration office checks additional Page information in cadastral records and land databases; Re-issue the Certificate of land use rights and ownership of assets attached to land with updated information of the issued Certificate and information on the Additional Page.
