Cases where the issued red book will be cancelled according to the 2024 Land Law

The 2024 Land Law stipulates that the certificate of land use rights and ownership of assets attached to land (commonly known as the red book) is a legal document for the State to confirm the people's legal land use rights and ownership of assets attached to land.

According to the provisions of Clause 6, Article 152 of the 2024 Land Law, the issued certificate is revoked according to the provisions of Clause 2 and Clause 5, Article 152, but if the land user or owner of the property attached to the land does not submit the issued certificate, the competent authority to issue the Certificate of land use rights and ownership of property attached to the land shall decide to cancel the issued certificate.

Specifically, Clause 2, Article 151 stipulates the following cases in which the State revokes issued certificates:

(1) The State reclaims the entire land area recorded in the issued red book;

(2) Issuance and replacement of issued red books;

(3) 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;

(4) 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;

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

(6) 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.

(7) The revocation of a red book that has been issued but is not covered by the above provisions 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 a request to revoke the issued certificate.

Note: The competent authority to revoke the issued certificate is the authority that issued the Certificate as prescribed in Article 136 of the 2024 Land Law.

Compared to the 2013 Land Law, the 2024 Land Law has a new point which is to add the case of revocation of the issued red book if the court declares it null and void. The 2024 Land Law has observed the cases of revocation, perfected and clarified the legal regulations related to the red book. Strengthening the legality in revocation of the red book.

Is canceling the red book an administrative procedure on land?

According to Article 223, Land Law 2024 stipulates as follows:

Article 223. Administrative procedures on land

1. Administrative procedures on land include:

a) Procedures for land recovery, land allocation, land lease, change of land use purpose, land use extension, and adjustment of land use term;

b) Procedures for registration of land and assets attached to land;

c) Procedures for granting Certificates of land use rights and ownership of assets attached to land; procedures for correcting, withdrawing and canceling issued certificates;

d) Procedures for implementing land users' rights;

d) Procedures for land division and land consolidation;

e) Procedures for enforcing compulsory inventory decisions and enforcing land recovery decisions;

g) Procedures for conciliation of land disputes and resolution of land disputes at administrative agencies;

h) Procedures for handling administrative violations in the land sector;

i) Procedures for providing land information and data;

k) Other administrative procedures on land.

2. The Government shall detail this Article.

Accordingly, in the administrative procedures on land, there are procedures for granting certificates of land use rights and ownership of assets attached to land; procedures for correcting, withdrawing and canceling issued certificates.

Therefore, canceling the red book is one of the administrative procedures on land.

Minh Hoa (t/h)

Source: https://www.nguoiduatin.vn/nhung-truong-hop-se-bi-huy-so-do-da-cap-theo-luat-dat-dai-2024-a671082.html