7 cases where red books will be canceled according to the 2024 Land Law

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 6 cases in which the State revokes issued certificates as follows:

Firstly, 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 Works Ownership Rights, Certificate of Land Use Rights, House Ownership Rights and Other Assets Attached to Land, Certificate of Land Use Rights and Ownership Rights of Assets Attached to Land that have been granted;

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

The 2024 Land Law stipulates 7 cases where red books will be canceled (Photo: IT).

Third, 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;

Fourth, 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;

Fifth, the issued Certificate is declared null and void by a competent Court;

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

In addition, Clause 5, Article 136 stipulates that 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 but are not in 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 recommendation of the enforcement agency on the enforcement of the judgment or decision in accordance with the provisions of law, which includes the content of the request to revoke the granted certificate.

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

Source: https://dantri.com.vn/bat-dong-san/7-truong-hop-so-do-se-bi-huy-theo-luat-dat-dai-2024-20240629102431148.htm