How to get a replacement land title certificate if it's lost.

I advertised my house for sale on social media and included a photo of the land title deed. Later, someone came to my house to inquire about buying it. While I was distracted, they swapped my real land title deed with a fake one.

Shortly afterward, they went to a notary office and forged my signature, claiming I authorized someone else to sell the house on my behalf. From there, they sold my house to several other people. These buyers never actually visited the house; they only looked at the property deed.

I am still living in the house, and I have reported the matter to the police. Therefore, I would like to ask: Is the notary who notarized the fraudulent power of attorney and the house sale transaction liable in this case? What procedures and documents do I need to submit to request a replacement land title certificate? What does the law stipulate regarding my situation?

Reader Pham Anh.

Legal advice

Lawyer Dang Thi Thuy Huyen (HPL and Associates Law Firm) advises that, according to Clause 1, Article 2 of the Notarial Law, notarization is the act of a notary public of a notarial practice organization certifying the authenticity and legality of contracts and other civil transactions in writing… which, according to regulations, must be notarized or which individuals or organizations voluntarily request to be notarized.

Lawyer Dang Thi Thuy Huyen

Furthermore, according to Articles 4 and 46 of the Notarial Law, notaries are responsible before the law and the person requesting notarization for the notarized document, ensuring its legality.

If a notary public knows that the signature or documents of the person requesting notarization are forged but still notarizes or certifies them, depending on the nature, extent, and consequences of the act, they may be fined from 10 to 15 million VND (Clause g, Point 4, Article 15 of Decree 82 of 2020).

If the elements constituting a crime are present, the notary public may also be prosecuted for the crime of "fraudulent appropriation of property" under Article 174 of the Penal Code as an accomplice.

Even if the notary public fails to detect that the person is a fake or the documents are forged, they may still be held jointly liable for compensation if damages arise (Article 38 of the Notarial Law and Articles 584 and 600 of the Civil Code).

To have your land title certificate reissued, according to Article 77 of Decree 43 of 2014, you need to report the loss to the People's Committee of the commune where the land is located. The People's Committee of the commune is responsible for posting a notice of the lost land title certificate at its headquarters. After 30 days from the date of posting, you submit a set of documents requesting the reissue of the land title certificate.

Accordingly, the application dossier includes: an application for re-issuance of the land title certificate according to Form No. 10/DK issued with Circular 24 of 2014 of the Ministry of Natural Resources and Environment and a confirmation from the People's Committee of the commune regarding the posting of a notice of loss of the land title certificate (Clause 2, Article 10 of Circular 24).

Based on Article 60 of Decree 43 of 2014, you can submit your application in one of the following two ways:

Option 1: Submit the application at the People's Committee of the commune where the property is located, if needed.

Option 2: If the application is not submitted to the commune-level People's Committee:

• If the locality has established a one-stop service center to receive and process administrative procedures, you should submit your application at the one-stop service center of the district-level People's Committee.
• If your locality does not yet have a one-stop service center, you can submit your application directly at the district-level land registration office branch, or at the land use rights registration office in localities without a land registration office branch.

After receiving the application, the land registration office is responsible for checking the application and carrying out the necessary procedures, then preparing the file to submit to the competent state agency to sign the decision to cancel the lost land title certificate, and simultaneously sign to reissue it to you.

Source link: https://thanhnien.vn/cach-lam-lai-so-do-khi-bi-danh-mat-185240210101439865.htm