Cases of red book cancellation according to Land Law 2024

Land users and owners of properties attached to land with red books/pink books in these cases will have their land use rights revoked according to the 2024 Land Law.

Cases of red book cancellation according to Land Law 2024. (Internet source)

Red book/pink book is a common term for the Certificate of land use rights and ownership of assets attached to land - the official name when the Land Law 2024 comes into effect. (Clause 21, Article 3 of the Land Law 2024)

Cases of red book cancellation according to Land Law 2024

According to the 2024 Land Law, if the issued Certificate is revoked according to regulations and the people intentionally do not return the certificate, the competent authority has the right to cancel the issued Red Book.

In which, cases of revocation of issued red books/pink books include:

- The entire land area recorded in the issued red book and pink book will be revoked.

- Land users and owners of assets attached to land shall issue and exchange issued certificates.

- Land users and owners of assets attached to land must register changes in land and assets attached to land and must be re-issued a new certificate.

- 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 right 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.

- The issued certificate was declared invalid by a competent Court.

- Conducting auctions and transferring land use rights and assets attached to land at the request of the Court or enforcement agency, but the enforcement officer does not return the issued certificate.

- There is a judgment or decision of the Court that has been enforced or a written request for enforcement of the judgment of the enforcement agency that has decided according to regulations with the content of the request to revoke the issued certificate.

In addition, the revocation of red books/pink books not falling under the above cases 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 judgments and decisions according to the provisions of law, which includes the content of the request to revoke the issued red books/pink books.

It is known that in Resolution 84/NQ-CP in 2024, the Government has unanimously approved the draft Law amending the Land Law 2024, allowing the Land Law 2024 to take effect from August 1, 2024 and will be submitted to the National Assembly according to the process of drafting and promulgating according to the shortened procedures at a session of the National Assembly.

(Clause 2, 5, 6, Article 152 of the 2024 Land Law)

Authority to issue red books according to Land Law 2024

Specifically, Article 136 of the 2024 Land Law stipulates the authority to issue Red Books (Certificates of land use rights and ownership of assets attached to land) as follows:

- The authority to grant the first land use right certificate and ownership of assets attached to land in cases of first registration requiring the issuance of a land use right certificate and ownership of assets attached to land and in cases specified in Point b, Clause 7, Article 219 of the 2024 Land Law is stipulated as follows:

+ The Provincial People's Committee issues certificates of land use rights and ownership of assets attached to land to land users and owners of assets attached to land as prescribed in Clauses 1, 2, 5, 6 and 7, Article 4 of the 2024 Land Law.

The People's Committee at the provincial level is authorized to authorize the competent land management agency at the same level to issue Certificates of land use rights and ownership of assets attached to land in the cases specified in this clause;

+ The People's Committee at district level issues certificates of land use rights and ownership of assets attached to land to land users and owners of assets attached to land as prescribed in Clause 3 and Clause 4, Article 4 of the 2024 Land Law.

- The authority to grant certificates of land use rights, ownership of assets attached to land, and confirm changes in cases of registration of changes is stipulated as follows:

+ Land registration organization performs for land users, owners of assets attached to land who are domestic organizations, religious organizations, affiliated religious organizations, foreign organizations with diplomatic functions, economic organizations with foreign investment capital; grants Certificates of land use rights, ownership of assets attached to land to owners of assets attached to land who are foreign organizations, foreign individuals;

+ Branch of land registration organization or land registration organization performing for land users, owners of assets attached to land who are individuals, residential communities, people of Vietnamese origin residing abroad;

+ Land registration organizations and branches of land registration organizations are allowed to use their seals to issue certificates of land use rights, ownership of assets attached to land, or confirm changes to issued certificates.

Source: https://baoquocte.vn/cac-truong-hop-bi-huy-so-do-theo-luat-dat-dai-2024-274636.html