Lost Land Title? Beware These 4 Surprising Pitfalls When Reapplying!

Losing the land-use right certificate (red book) is a significant concern for many Vietnamese citizens, especially given the complex and error-prone process of reissuing it. However, with the issuance of Decree 101/2024/NĐ-CP, the Vietnamese government has streamlined the procedure for reissuing land-use right certificates and property ownership certificates attached to land that have been lost. This new regulation empowers citizens to navigate the process with greater ease and confidence.

Procedure for Reissuance of Lost Land-Use Right Certificates (Article 39)

First, land users or property owners must submit a Land and Property Change Registration Form (Form No. 11/ĐK) to the receiving authority:

a) The One-Stop Shop as designated by the People’s Committee at the provincial level for receiving and processing administrative procedures at the provincial, district, and commune levels;

b) The Land Registration Office;

c) The branch of the Land Registration Office.

If the receiving authority is the One-Stop Shop, the application will be forwarded to the Land Registration Office.

Second, the Land Registration Office will perform the following tasks:

a) Verify the information of the lost certificate as declared by the land user or property owner against the land records and database;

b) If the land or property has been transferred or mortgaged to credit institutions, businesses, or individuals, notify and return the application to the land user or property owner;

c) If the case does not fall under point b, the Land Registration Office will forward the information to the People’s Committee of the commune where the land is located for households and individuals. For organizations, overseas Vietnamese, and foreign entities, the office will publish a notice three times in local media within 15 days, with the publication cost borne by the applicant;

d) Cancel the original certificate, update the land records and database, and reissue the land-use right and property ownership certificate after completing the steps outlined in Article 39, Clause 3.

If the original certificate was issued without a cadastral map or land plot measurement, the process will follow the provisions of Article 37, Clause 3(b) of this Decree.

Responsibilities of the Commune People’s Committee in Certificate Reissuance

Third, the Commune People’s Committee is responsible for:

a) Publicly posting a notice about the lost certificate at the committee’s headquarters and the local community area for 15 days, while also receiving feedback during this period;

b) Within 5 days of the posting period’s end, the committee must prepare a closure report and submit it to the Land Registration Office.

Fourth, if the supplementary page of a certificate issued before August 1, 2024, is lost, the land user or property owner must submit a Land and Property Change Registration Form (Form No. 11/ĐK) along with the original certificate.

The Land Registration Office will verify the supplementary page’s information in the land records and database, then reissue the certificate with updated details from both the original certificate and the supplementary page.