Procedures for correcting errors on the Certificate Land Use Rights
Ms. Thuy Linh has real estate in Thanh Xuan district, Hanoi city and has been granted a certificate of house ownership and land use right. She is having a real estate mortgage loan transaction with a bank. However, her estate had the wrong owner's name. Ms. Linh asked, how can she solve the procedure for correcting errors on the red book (Certificate of house ownership) and residential land use rights?
The Ministry of Natural Resources and Environment responded to this issue as follows: Her question related to the settlement of specific administrative procedures within the jurisdiction of the locality where the land is located. Article 86 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, providing for procedures for correcting errors on land use right certificates, owning houses and other land-attached assets as follows: "Article 86. Procedures for correcting issued Certificates, Certificates of House Ownership and Certificates of Ownership of Construction Works
- Land users and owners of property on land submit the certificate, certificate of house ownership, certificate of ownership of construction works that have been issued with errors to the registration office to the registration office. land for correction. In case errors are caused by the fault of land users or owners of land-attached assets, land users and owners of land-attached assets must submit an application for correction. In case the Land Registration Office detects that the issued Certificate, Certificate of House Ownership or Certificate of Ownership of Construction Works has errors, it shall notify the land user and request Land users and owners of properties attached to land shall submit the issued Certificates for correction.
- The land registration office is responsible for checking; make a record of conclusions on the content and causes of errors; compile a dossier and submit it to a competent agency for correction in the issued Certificate, Certificate of House Ownership or Certificate of Construction Ownership with errors; at the same time, correct incorrect content in cadastral records and land databases.
- In case of correction, the person issued with the Certificate, Certificate of House Ownership or Certificate of Ownership of Construction Works requests to be changed to a Certificate of Land Use Right or Ownership. housing and other land-attached assets, the land registration office shall submit it to the competent authority for issuance of a certificate of land use rights and ownership of houses and other land-attached assets. In Clause 3, Article 10 of Circular No. 24/2014/TT-BTNMT dated May 19, 2014 of the Ministry of Natural Resources and Environment, providing for cadastral dossiers, it guides: "Article 10. Dossier submitted when carrying out procedures for renewal, re-issuance, correction and revocation of Certificates
- Dossier submitted when carrying out the procedures for correcting the issued Certificate, Certificate of House Ownership or Certificate of Ownership of Construction Works, include: a) An application for correction in case the land user or property owner discovers errors in the Certificate, Certificate of House ownership or Certificate of ownership of construction works grant; b) The original of the issued Certificate". However, the submission of Ms. Linh's application only represents the need to correct the information on the Certificate, but does not fully represent the submission of the application to carry out essential administrative procedures related to the bank, the public sector. proof. Therefore, it is suggested that you contact the Land Registration Office of Hanoi City - Thanh Xuan District Branch to reflect specifically the need to submit documents to be resolved.
By: Translator: LeAnh-Bizic
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