Instructions for re-issuance of lost Red Book
Mr. Nguyen Ngoc Quan's family (Lai Chau) is a household directly engaged in agricultural production. In 2016, he was granted a certificate of the right to use 900m2 of other annual crops.
In 2021, his family registered to change the land use purpose and was allowed by the City People's Committee to convert 200m2 to residential land and split it into 2 new land plots, so far there has been a decision to change the land use purpose.
In December 2021, Mr. Quan received a notice of financial obligations from the tax authorities and completed them in accordance with regulations. However, due to his negligence, after paying tax, he lost the old certificate of land use rights (not yet confirmed) before submitting the dossier to print the land use right certificate (after transferring the destination)
Currently, his family wants to be granted a land use right certificate, but when they contact the receiving and returning departments of the province and city, they are all told that there is no procedure.
Mr. Quan asked, how does his family want to be granted a Certificate, where and which agency issues it? Does your family's printed land use right certificate include the results of the change of land use purpose?
The Ministry of Natural Resources and Environment responded to this issue as follows:
Article 77 of the Government's Decree No. 43/2014/ND-CP dated May 15, 2014 detailing the implementation of a number of articles of the Land Law, stipulating the order and procedures for the re-issuance of Certificates due to loss of certificate as follows:
"Article 77. Re-issuance of certificates, certificates of house ownership, certificates of construction work ownership due to loss of certificate.
1. Households, individuals, and communities must declare to the People's Committee of the commune where the land is located about the loss of their Certificate, Certificate of House Ownership, Certificate of Construction Ownership, The People's Committee of the commune is responsible for posting the notice of loss of the Certificate at the headquarters of the People's Committee of the commune, except for the case of loss of the certificate due to natural disaster or fire.
Domestic organizations, religious establishments, foreign organizations, foreign individuals, and overseas Vietnamese must post information about the loss of their Certificate, Certificate of House Ownership, Certificate of Property Rights. Ownership of construction works on local mass media.
2. After 30 days from the date of posting the notice of loss of Certificate at the headquarters of the commune-level People's Committee, for cases of households, individuals, residential communities or from the date of first posting on the local media for cases of domestic organizations, religious establishments, foreign organizations, foreign individuals, overseas Vietnamese, and those who have lost their Certificates, submitting 1 set application for re-issuance of the Certificate.
3. The land registration office is responsible for examining the dossier; extract cadastral map or extract cadastral measurement of the land plot, in case there is no cadastral map and no cadastral measurement of the land plot; compile a dossier and submit it to the competent state agency specified in Article 37 of this Decree to sign the decision on cancellation of the lost Certificate, and at the same time sign for re-issuance of the Certificate of land use rights, ownership of houses and assets. other property attached to land; to correct and update changes in cadastral records and land databases; handing over certificates of land use rights and ownership of houses and other land-attached assets to the grantees or sending them to the commune-level People's Committees for handing over in the case of submission of documents at the commune level".
Article 37 of Decree No. 43/2014/ND-CP (amended and supplemented in Clause 23, Article 2 of Decree No. 01/2017/ND-CP) stipulates the competence to re-issue the Certificate:
"Article 37. Authorities granting certificates of land use rights and ownership of houses and other land-attached assets when land users exercise the rights of land users and owners of land-attached assets with land, exchange, re-issue the Certificate
1. For localities that have established land registration offices according to the provisions of Clause 1, Article 5 of this Decree, the Department of Natural Resources and Environment shall issue certificates of land use rights and ownership of houses and assets. other land-attached assets to land users and owners of land-attached assets that have been granted certificates, certificates of house ownership, certificates of ownership of construction works, in the following cases:
a) When land users and property owners exercise the rights of land users and owners of property on land, they must issue a new Certificate of land use rights and ownership of houses and land, other properties attached to land;
b) Issuance, renewal, re-issuance of Certificate, Certificate of house ownership, Certificate of ownership of construction works.
2. For localities that have not yet established land registration offices as prescribed in Clause 1, Article 5 of this Decree, the issuance of certificates for the cases specified in Clause 1 of this Article shall be carried out as follows:
a) The Department of Natural Resources and Environment shall grant certificates of land use rights and ownership of houses and other land-attached assets to religious organizations and establishments; overseas Vietnamese implementing investment projects; foreign organizations and individuals; foreign-invested enterprises;
b) District People's Committee issues the Certificate of Regulation
3. For localities where a land registration office has been established, the certification of ownership of houses and other land-attached assets shall be included in the issued certificate issued by the land registration office or its branch office. land registration shall comply with the decision of the provincial People's Committee.
4. Provincial-level People's Committees shall base themselves on specific local conditions on the organizational structure and facilities of the Land Registration Office to stipulate the permission of the Department of Natural Resources and Environment to authorize the Land Registration Office granting certificates of land use rights, ownership of houses and other land-attached assets, for the cases specified in Clause 1 of this Article.
The cases of authorization to issue certificates of land use rights and ownership of houses and other land-attached assets are specified in Clause 1, Article 105 of the Land Law and this Clause may use the seal of the Department of Natural Resources and Environment. Environment.
5. The Ministry of Natural Resources and Environment stipulates cases of issuance of certificates of land use rights and ownership of houses and other land-attached assets upon registration of changes in land and attached assets and the confirmation of the change in the issued Certificate".
Because the content of Mr. Quan's question is related to the settlement of specific administrative procedures within the jurisdiction of the locality where the land is located, please provide information for him to know and contact the Land Registration Office, the Department of Resources and Environment where the land is available for specific guidance and settlement.
According to the Government Newspaper
By: Translator: LeAnh-Bizic
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