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1. Land ownership certificate issued incorrectly: Correction or reissue?
Specifically, Article 106 of the 2013 Land Law stipulates the following regarding the correction and revocation of issued land use certificates:
(1) The competent authority issuing the Certificate is responsible for correcting the issued Certificate that contains errors in the following cases:
- There are errors in the information regarding the name, legal documents or personal details, and address of the land user or owner of the property attached to the land, compared to the legal documents or personal details at the time the Certificate was issued to that person;
- There are discrepancies in the information regarding the land parcel and assets attached to the land compared to the land and asset registration declaration file that has been checked and confirmed by the land registration agency.
(2) The State shall revoke the issued Certificate in the following cases:
- The State will reclaim the entire land area specified in the issued land certificate;
- Reissuing or replacing previously issued certificates;
- Land users and owners of assets attached to the land register changes in land and assets attached to the land that require the issuance of a new Certificate of Land Use Rights, Ownership of Houses and Other Assets Attached to the Land;
- Certificates issued without proper authority, to the wrong land users, with incorrect land area, lacking eligibility, or with incorrect land use purposes, durations, or origins as stipulated by land law, except in cases where the recipient of the certificate has transferred land use rights or ownership of assets attached to the land in accordance with land law.
The revocation of the issued Certificate in this case shall be carried out by the competent authority that issued the Certificate of Land Use Rights, Ownership of Houses and Other Assets Attached to Land as stipulated in Section 2 of the decision, after a conclusion has been reached by the inspection agency of the same level, and a valid document from a competent state agency regarding the resolution of land disputes.
Therefore , depending on the specific case, the incorrectly issued land title certificate will either be revoked or the information corrected. If there are errors in the information, corrections will be made; if it was issued without proper authority, to the wrong land user, or with incorrect area, etc., it will be reissued.
2. Authority to issue land ownership certificates
Based on Article 105 of the 2013 Land Law, the authority to issue Certificates of Land Use Rights, Ownership of Houses and Other Assets Attached to Land is stipulated as follows:
- The People's Committee at the provincial level issues Certificates of Land Use Rights, Ownership of Houses and Other Assets Attached to Land to organizations, religious establishments; Vietnamese people residing abroad, enterprises with foreign investment capital implementing investment projects; and foreign organizations with diplomatic functions.
The provincial People's Committee is authorized to delegate to the provincial Department of Natural Resources and Environment the authority to issue Certificates of Land Use Rights, Ownership of Houses and Other Assets Attached to Land.
- The People's Committee at the district level issues Certificates of Land Use Rights, Ownership of Houses and Other Assets Attached to Land to households, individuals, residential communities, and Vietnamese people residing abroad who own houses attached to land use rights in Vietnam.
- For cases where Certificates of Land Use Rights, Certificates of House Ownership, or Certificates of Construction Ownership have been issued, and the rights of land users or owners of assets attached to the land are being exercised, or where the Certificates of Land Use Rights, House Ownership, or Construction Ownership are being renewed or reissued, the Department of Natural Resources and Environment shall handle the matter in accordance with the Government 's regulations.
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