Correction or re-issue?

According to the provisions of the land law, if the red book is issued incorrectly, should it be corrected or reissued? Please refer to the article below.

1. Red book was issued incorrectly: Correction or re-issue?

Specifically, Article 106 of the 2013 Land Law stipulates the correction and revocation of issued Certificates as follows:

(1) The competent authority that issues the Certificate is responsible for correcting the issued Certificate that contains errors in the following cases:

- There is incorrect information about the name, legal or personal documents, address of the land user, owner of the property attached to the land compared with the legal or personal documents at the time of issuance of the Certificate of that person;

- There is incorrect information about the land plot and property attached to the land compared with the land registration declaration and property attached to the land that has been verified and confirmed by the land registration authority.

(2) The State shall revoke the issued Certificate in the following cases:

- The State reclaims the entire land area on the granted Certificate;

- Re-issue of issued Certificate;

- Land users and owners of properties attached to land register changes in land and properties attached to land and must be re-issued with a new Certificate of land use rights, house ownership rights and other properties attached to land;

- The Certificate was issued without proper authority, to the wrong land user, for the wrong land area, without meeting the conditions for issuance, without the right land use purpose or land use term or land use origin according to the provisions of the land law, except in the case where the person to whom the Certificate was issued has transferred the land use rights and ownership of assets attached to the land according to the provisions of the land law.

The revocation of the issued Certificate in this case shall be decided by the competent authority that issues the Certificate of land use rights, house ownership rights and other assets attached to land as prescribed in Section 2 after having the conclusion of the inspection agency at the same level and the effective document of the competent state agency on land dispute settlement.

Thus , depending on each case of the wrongly issued red book, it will be revoked or the information will be corrected. If there is an error in the information, it will be corrected; if it is issued by the wrong authority, to the wrong land user, or for the wrong area,... it will be reissued.

2. Authority to issue red books

Pursuant to Article 105 of the 2013 Land Law, the authority to grant Certificates of land use rights, house ownership rights and other assets attached to land is stipulated as follows:

- The People's Committee at the provincial level issues Certificates of land use rights, house ownership rights and other assets attached to land to organizations, religious establishments; Vietnamese people residing abroad, foreign-invested enterprises implementing investment projects; and foreign organizations with diplomatic functions.

The People's Committee at the provincial level is authorized to authorize the natural resources and environment agency at the same level to issue Certificates of land use rights, house ownership rights and other assets attached to land.

- The People's Committee at district level issues Certificates of land use rights, house ownership rights and other assets attached to land to households, individuals, residential communities, and overseas Vietnamese who are allowed to own houses attached to land use rights in Vietnam.

- In cases where a Certificate, a Certificate of house ownership rights, or a Certificate of construction work ownership has been granted and the rights of land users and owners of assets attached to land are exercised, or the issuance, re-issuance, or exchange of the Certificate, a Certificate of house ownership rights, or a Certificate of construction work ownership rights is granted, the agency of natural resources and environment shall carry out the implementation in accordance with the Government 's regulations.

Source: https://baoquocte.vn/so-do-bi-cap-sai-dinh-chinh-hay-cap-lai-256257.html