Regulations on correction, revocation and cancellation of issued certificates according to the 2024 Land Law

Article 152 of the 2024 Land Law stipulates the correction, revocation and cancellation of issued certificates as follows:

1. The competent authority issuing the Certificate of land use rights and ownership of assets attached to land as prescribed in Article 136 of this Law shall be responsible for correcting the issued certificate containing errors in the following cases:

a) There is an error in the information of the certificate holder compared to the information at the time of correction;

b) There are errors in information about the land plot and assets attached to the land compared to the land registration declaration and assets attached to the land that have been verified and confirmed by the land registration organization or shown in the effective document of the competent State agency on land dispute resolution.

2. The State shall revoke the granted certificate in the following cases:

a) The State shall reclaim the entire land area recorded in the Certificate of land use rights, Certificate of house ownership rights and land use rights, Certificate of house ownership rights, Certificate of construction work ownership rights, Certificate of land use rights, house ownership rights and other assets attached to land, and Certificate of land use rights and ownership of assets attached to land that have been granted;

b) Issuing and exchanging Certificates of land use rights, Certificates of house ownership rights and land use rights, Certificates of house ownership rights, Certificates of construction work ownership rights, Certificates of land use rights, house ownership rights and other assets attached to land, Certificates of land use rights, ownership rights of assets attached to land already issued;

c) Land users and owners of assets attached to land register changes in land and assets attached to land and must be re-issued with a new Certificate of land use rights and ownership of assets attached to land;

d) The certificate was issued without proper authority, to the wrong land user, for the wrong land area, not meeting the conditions for issuance, not for the correct land use purpose or land use period or land use origin according to the provisions of the land law at the time of issuance of the certificate;

d) The issued certificate is declared invalid by a competent Court;

e) In case of auction or transfer of land use rights and assets attached to land at the request of the Court or enforcement agency, the person subject to enforcement does not submit the issued certificate.

3. The revocation of a certificate issued in the case specified in Point d, Clause 2 of this Article but not in Clause 4 of this Article shall be carried out according to the following provisions:

a) In case the Court with jurisdiction to resolve land disputes has a judgment or decision that has come into force, including a conclusion on the revocation of the granted certificate, the revocation of the granted certificate shall be carried out in accordance with that judgment or decision;

b) In case the inspection agency has a document concluding that the issued certificate is not in accordance with the provisions of the law on land, the competent state agency shall be responsible for reviewing it. If the conclusion is correct, it shall decide to revoke the issued certificate. In case the review determines that the issued certificate is in accordance with the provisions of the law, it shall notify the inspection agency;

c) In case the competent authority granting the Certificate of land use rights and ownership of assets attached to land as prescribed in Article 136 of this Law discovers that the granted certificate is not in accordance with the provisions of the law on land, it shall re-examine, notify the land user of the reasons and decide to revoke the certificate that was granted in violation of the provisions;

d) In case the land user or owner of property attached to the land discovers that the issued certificate is not in accordance with the provisions of the law on land, he/she shall send a written request to the competent authority that issues the Certificate of land use rights and ownership of property attached to the land. The competent authority that issues the Certificate of land use rights and ownership of property attached to the land shall be responsible for checking, considering, and deciding to revoke the issued certificate that is not in accordance with the provisions of the law on land;

d) The competent authority to revoke the granted certificates specified in Points a, b, c and d of this Clause is the competent authority to issue the Certificate of land use rights and ownership of assets attached to land specified in Article 136 of this Law.

4. The competent authority that issues the Certificate of land use rights and ownership of assets attached to land as prescribed in Article 136 of this Law shall not revoke the issued certificate in the cases prescribed in Point d, Clause 2 of this Article if the person to whom the certificate is issued has transferred the land use rights and ownership of assets attached to land in accordance with the provisions of the law on land. The handling of damages caused by the issuance of the certificate in this Clause shall be carried out in accordance with the judgment and decision of the Court. Violators shall be handled in accordance with the provisions of Articles 239 and 240 of this Law and other relevant provisions of law.

5. The revocation of the Certificate of land use rights, Certificate of house ownership rights and land use rights, Certificate of house ownership rights, Certificate of construction work ownership rights, Certificate of land use rights, house ownership rights and other assets attached to land, Certificate of land use rights, ownership rights of assets attached to land that have been granted and are not subject to the cases specified in Clause 2 of this Article shall only be carried out when there is a judgment or decision of the Court that has been enforced or a written request from the enforcement agency regarding the enforcement of the judgment or decision in accordance with the provisions of law, which includes the request to revoke the granted certificate.

6. In case of revocation of the issued certificate as prescribed in Clause 2 and Clause 5 of this Article, if the land user or owner of the property attached to the land fails to submit the issued certificate, the competent authority to issue the Certificate of land use rights and ownership of property attached to the land as prescribed in Article 136 of this Law shall decide to cancel the issued certificate.

7. The competent authority to issue the Certificate of land use rights and ownership of assets attached to land as prescribed in Article 136 of this Law shall issue the certificate in accordance with the provisions of law after revoking the issued certificate.