The Ministry of Agriculture and Environment has recently issued a document guiding the adjustment of land records, land database, and compilation of natural area data during the rearrangement of administrative units.
According to the document, it is not mandatory to simultaneously adjust Land Use Right Certificates (red books) after the rearrangement of administrative units, unless there is a request from land users or owners of assets attached to the land, or if it is done in conjunction with land-related administrative procedures.
However, when land-related administrative procedures arise, land users can request the competent authorities to rectify and update information in the red book to ensure consistency and facilitate future land transactions and use.
People performing land procedures at a Land Registration Office in Hanoi. Photo: Hong Khanh |
How to rectify red books when provinces and cities are merged?
According to Point 2, Article 45 of Decree 101/2024, the following documents are required to rectify address information in the red book due to mergers:
– Application form for land and asset changes attached to the land.
– Previously issued certificate.
– Documents related to the rectification of the certificate due to the merger.
– Power of attorney with notarization/authentication (if the procedure is carried out through a representative)
Regarding the submission of the application, if the competent authority detects errors in the issued red book, they will notify and request the land user to resubmit the original certificate for rectification.
If the land user detects any errors, the application should be submitted to the One-Door Division as prescribed, the Land Registration Office, or its branch office. The receiving agency will issue a receipt and forward the application to the competent authority for processing.
Time frame
According to Points 8 and 10, Article 22 of Decree 101/2024/ND-CP, the time limit for rectifying previously issued certificates is no later than 10 working days from the date of receipt of valid dossiers.
This time frame excludes the time for determining financial obligations, fulfilling financial obligations, handling land-related violations, conducting appraisals, public postings, announcements in mass media, inheritance procedures, etc.
For communes in mountainous, island, remote, or difficult socio-economic conditions, the time limit is extended by an additional 10 working days.
Application form for land and asset changes attached to the land:
By Hong Khanh
– 09:42 05/02/2025
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