Regulations on the revocation of land use right certificates.

(Chinhphu.vn) - Mr. A was issued a land use right certificate. Mr. A transferred a portion of the land to Mr. B. The remaining land area and the certificate belonging to Mr. A were found to have an incorrect land use purpose. Can the certificate be revoked?

According to Mr. Trong Long ( Gia Lai ), Clause 4, Article 152 of the 2024 Land Law stipulates: "The competent authority issuing the Certificate of Land Use Rights and Ownership of Assets Attached to Land as prescribed in Article 136 of this Law shall not revoke the issued Certificate in the cases specified in point d, Clause 2 of this Article if the person granted the Certificate has transferred the land use rights and ownership of assets attached to land in accordance with the provisions of the law on land…".

According to the above regulations, two cases can occur:

(1) Land use right certificate issued to Mr. A, Mr. A has transferred to Mr. B (the issued certificate will not be revoked in the cases specified in point d, clause 2 of this Article if the person granted the certificate has transferred the land use right...);

(2) The land use right certificate was issued to Mr. A. Mr. A transferred a portion of the land to Mr. B. The remaining land use right certificate of Mr. A was found to have an incorrect land use purpose recorded according to the provisions of point d, clause 2, Article 152 above. Can the land use right certificate be revoked?

The regulation states, "The issued Certificate shall not be revoked in the cases specified in point d, clause 2 of this Article if the certificate holder has already transferred the land use rights..." but it does not specify how to handle such cases.

The Ministry of Agriculture and Environment responded to this issue as follows:

According to Clause 4, Article 152 of the 2024 Land Law, the competent authority shall not revoke the Certificate of Land Use Rights in the case stipulated in Point d, Clause 2, Article 152 of the Land Law if the person granted the Certificate has transferred the right to use the land and the ownership of assets attached to the land in accordance with the law.

Accordingly, if the land user has transferred the entire area, the state agency will not revoke the issued land use certificate. If the land user has only transferred a portion of the area, the certificate for the transferred portion will not be revoked, while the certificate for the remaining area may be revoked by the competent authority in accordance with regulations.

Chinhphu.vn

Source: https://baochinhphu.vn/quy-dinh-ve-thu-hoi-giay-chung-nhan-quyen-su-dung-dat-102260526140219331.htm