The 2024 Land Law stipulates that the certificate of land use rights and ownership of assets attached to the land (commonly known as the land title certificate) is a legal document by which the State confirms the lawful land use rights and ownership of assets attached to the land of the people.
According to Clause 6, Article 152 of the 2024 Land Law, if a certificate issued under Clauses 2 and 5 of Article 152 is revoked and the land user or owner of assets attached to the land fails to submit the issued certificate, the competent authority that issued the Certificate of Land Use Rights and Ownership of Assets Attached to the Land shall decide to cancel the issued certificate.
Specifically, Clause 2, Article 151 stipulates the following cases in which the State may revoke issued certificates:
(1) The State recovers the entire land area recorded in the issued land title certificate;
(2) Replacement of issued land ownership certificate;
(3) Land users and owners of assets attached to land register changes in land and assets attached to land that require the issuance of a new Certificate of land use rights and ownership of assets attached to land;
(4) Certificates issued without proper authority, to the wrong land users, with incorrect land area, without sufficient conditions for issuance, with incorrect land use purpose or land use term or origin of land use as prescribed by land law at the time of issuance of the certificate;
(5) The issued certificate is declared invalid by a competent court;
(6) In the case of auctioning and transferring land use rights and assets attached to the land at the request of the Court or enforcement agency, the person obligated to execute the judgment does not submit the issued certificate.
(7) The revocation of issued land use right certificates not falling under the above-mentioned cases can 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 law, which includes a request to revoke the issued certificate.
Note: The authority competent to revoke a previously issued certificate is the same authority that issued the certificate as stipulated in Article 136 of the 2024 Land Law.
Compared to the 2013 Land Law, the 2024 Land Law has a new feature: it adds a case for revoking issued land use right certificates if the court declares them invalid. The 2024 Land Law has observed cases of revocation, perfecting and clarifying legal regulations related to land use right certificates. It strengthens the legal basis for revoking land use right certificates.
Is canceling a land ownership certificate considered an administrative procedure related to land?
According to Article 223 of the 2024 Land Law, the following is stipulated:
Article 223. Administrative procedures concerning land
1. Administrative procedures related to land include:
a) Procedures for land reclamation, land allocation, land leasing, land use conversion, land use extension, and land use term adjustment;
b) Procedures for registering land and assets attached to the land;
c) Procedures for issuing Certificates of Land Use Rights and Ownership of Assets Attached to Land; procedures for correcting, revoking, and canceling issued certificates;
d) Procedures for exercising the rights of land users;
d) Procedures for splitting and merging land parcels;
e) Procedures for enforcing decisions on mandatory inventory taking and enforcing decisions on land recovery;
g) Procedures for mediating land disputes and resolving land disputes at administrative agencies;
h) Procedures for imposing administrative penalties for violations in the field of land;
i) Procedures for providing land information and data;
k) Other administrative procedures related to land.
2. The Government shall provide detailed regulations for this Article.
Accordingly, administrative procedures related to land include procedures for issuing Certificates of Land Use Rights and Ownership of Assets Attached to Land; and procedures for correcting, revoking, and canceling issued certificates.
Therefore, canceling a land ownership certificate is one of the administrative procedures related to land.
Minh Hoa (compiled)
Source: https://www.nguoiduatin.vn/nhung-truong-hop-se-bi-huy-so-do-da-cap-theo-luat-dat-dai-2024-a671082.html
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