## State Revocation of Land Use Rights Certificates as per the 2024 Land Law
Article 152.2 of the 2024 Land Law outlines specific circumstances under which the state will revoke issued Land Use Rights Certificates.
Case 1: The state will revoke the certificate if the entire land area specified in it is subject to revocation.
Case 2: When citizens undergo a certificate renewal process.
Case 3: If a land user or owner of assets attached to the land registers for land and asset changes, requiring a new certificate, the old one will be revoked.
Case 4: A certificate will be revoked if it was issued ultra vires, to the wrong land user, for the wrong land area, to an unqualified recipient, or for incorrect land use purposes, duration, or origins as per land law at the time of issuance.
6 cases of state revocation of Land Use Rights Certificates from August 1st. Illustration: Hong Khanh |
Case 5: If a certificate is annulled by a competent court.
Case 6: Auctioning, transferring land use rights, and assets attached to the land as per court or enforcement agency requirements, where the obligor fails to submit an issued certificate.
Compared to the 2013 Land Law, the new law adds the fifth and sixth cases.
Regulations on Revoking Issued Certificates
The 2024 Land Law stipulates that in cases of erroneously issued certificates, if a dispute has resulted in a court ruling or decision that includes revoking the certificate, it shall be carried out per the ruling.
If an inspection agency concludes that a certificate was issued erroneously, the competent authority will examine this conclusion. If the inspection is correct, the certificate will be revoked; otherwise, the inspection agency will be notified.
When a state agency discovers an erroneously issued certificate, they will inform the land user of the reason and proceed with revocation. If a land user identifies an error in their certificate, they can request the competent authority to consider revoking it.
A wrongly issued certificate will not be revoked if the recipient has transferred land use rights and ownership of assets attached to the land per land law. Damage handling due to erroneous issuance will follow court rulings or decisions.
Additionally, revocation will only occur with a court ruling or decision that has been enforced or with an enforcement agency’s recommendation, including the requirement to revoke the issued certificate.
If a land user fails to surrender their certificate upon state revocation, the competent authority will decide to annul the issued certificate.
The new law also mandates that the certificate-issuing agency is responsible for making corrections if there are errors in the recipient’s information compared to the information at the time of correction. Corrections will also be made if there are errors in land plot or asset information compared to the registered land declaration dossier or documents from competent authorities.
Hong Khanh
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This is an asset guaranteed by an individual at PVcomBank. The auctioned asset is the right to use 89m2 of land in urban areas, owning a house and other assets attached to the land at the address of block 12, collective residence B15 of the Ministry of Public Security (now number 17, alley 68, Nguy Nhu Kon Tum street), Nhan Chinh ward, Thanh Xuan district, Hanoi.
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