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1. Red book was issued incorrectly: Correction or re-issue?
Specifically, Article 106 of the 2013 Land Law stipulates the correction and revocation of issued Certificates as follows:
(1) The competent authority that issues the Certificate is responsible for correcting the issued Certificate that contains errors in the following cases:
- There is incorrect information about the name, legal or personal documents, address of the land user, owner of the property attached to the land compared to the legal or personal documents at the time of issuance of the Certificate of that person;
- There is incorrect 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 authority.
(2) The State shall revoke the issued Certificate in the following cases:
- The State reclaims the entire land area on the granted Certificate;
- Reissue of issued Certificate;
- 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, house ownership rights and other assets attached to land;
- 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, except in the case where the person granted the Certificate has transferred the land use rights and ownership of assets attached to the land according to the provisions of the land law.
The revocation of the issued Certificate in this case shall be decided by the competent authority that issues the Certificate of land use rights, house ownership rights and other assets attached to land as prescribed in Section 2 after having the conclusion of the inspection agency at the same level and the effective document of the competent state agency on land dispute settlement.
Thus , depending on each case, the red book is issued incorrectly, it will be revoked or the information will be corrected. If there is an error in the information, it will be corrected; if it is issued by the wrong authority, to the wrong land user, or to the wrong area, it will be reissued.
2. Authority to issue red book
Pursuant to Article 105 of the 2013 Land Law, the authority to grant Certificates of land use rights, house ownership rights and other assets attached to land is stipulated as follows:
- Provincial People's Committees grant Certificates of land use rights, house ownership rights and other assets attached to land to organizations, religious establishments; Vietnamese people residing abroad, foreign-invested enterprises implementing investment projects; foreign organizations with diplomatic functions.
The People's Committee at the provincial level is authorized to authorize the natural resources and environment agency at the same level to issue Certificates of land use rights, house ownership rights and other assets attached to land.
- The People's Committee at the district level issues Certificates of land use rights, house ownership rights and other assets attached to land to households, individuals, residential communities, and overseas Vietnamese who are allowed to own houses attached to land use rights in Vietnam.
- In cases where a Certificate, Certificate of house ownership rights, Certificate of construction work ownership rights have been granted and the rights of land users, owners of assets attached to land are exercised or the issuance, re-issuance of the Certificate, Certificate of house ownership rights, Certificate of construction work ownership rights are changed or re-issued, the natural resources and environment agency shall carry out the procedures in accordance with Government regulations.
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