The procedure for revoking the first-issued red book is not in accordance with regulations due to the discovery of the land user

Huy Hùng |

The procedure for revoking the first-issued red book that is not in accordance with regulations discovered by the land user is stipulated in Decision 2304 of the Ministry of Agriculture and Environment.

The Ministry of Agriculture and Environment has just issued Decision 2304/QD-BNNMT on the announcement of administrative procedures in the land sector under the state management of the Ministry of Agriculture and Environment, effective from July 1, 2025.

The revocation of the first-issued Certificate not in accordance with the provisions of the land law due to the discovery of land users and owners of assets attached to the land and reissuance of the Certificate after revocation shall be done as follows:

Implementation procedures

Step 1: The requestor submits the application to the Public Administration Service Center.

Step 2: The dossier receiving agency is responsible for:

- 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.

- Transfer the dossier to the People's Committee of the commune where the land is located.

Step 3: The competent land management agency at the commune level shall:

- Notify the Land Registration Office, Branch of the Land Registration Office to transfer the dossier for initial issuance of the Certificate for inspection, consideration and submission

The Chairman of the People's Committee at the commune level decided to revoke the issued Certificate that was not in accordance with the provisions of the land law.

- Check the dossier, re-determining 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.

- Submit to the Chairman of the People's Committee at the commune level to issue the Certificate.

- Transfer the processed dossier to the Land Registration Office, Branch

The Land Registration Office will review cadastral records and land databases; transfer the Certificate to the dossier receiving agency to give to the granted person.

How to do it

a) Submit directly to the Public Administration Service Center.

b) Submit via postal service.

c) Submit online on the Public Service Portal.

(3) Components and quantity of documents:

Component of the dossier

- Documents recommending the issuance of Certificates not in accordance with the provisions of the Land Law (original);

- issued certificate (original).

Number of documents: 01 set

Scope of settlement

- The time to revoke the issued Certificate shall not exceed 25 working days.

- The time for registration and reissuance of the Certificate after revocation is not more than 20 working days (of which the first registration of land and assets attached to land is not more than 17 working days; the issuance of the Certificate is not more than 03 working days) in the case of revocation of the first issued Certificate.

For mountainous communes, islands, remote areas, areas with difficult socio-economic conditions, areas with especially difficult socio-economic conditions, the time to revoke the issued Certificate is no more than 35 working days, the time to reissue the Certificate after revocation is no more than 30 working days.

Huy Hùng
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