Procedures for red book redemption when lost

Wed, 18 Mar 2020 16:31:00  |  Print  |  Email   Share:

Ms. Le Thuy Hai (in Son La Province) lost the land use right certificate. Ms. Hai would like to ask, which authority does re- grant?

Regarding this issue, the Department of Natural Resources and Environment of Son La Province responds as follows:

Pursuant to Clause 3, Article 105 of the 2013 Land Law, Article 37 of Decree No. 43/2014 / ND-CP dated May 15, 2014 of the Government detailing the implementation of a number of articles of the Land Law and Decision No. 58 / QD-STNMT dated May 29, 2017 on authorizing the Land Registration Office, under the Department of Natural Resources and Environment, to issue a Certificate of land use right, the reissuance of the Certificate (in which in some cases, Ms. Le Thuy Hai's household is under the Land Registration Office that be under the Department of Natural Resources and Environment.

Procedures for re-issuance of land use right certificates

The order and procedures for re-grant of certificates of land use right and ownership of houses and other land-attached assets are prescribed in Article 77 of Decree 43/2014 / ND-CP as follows:

"Article 77. Re-grant of certificates, certificates of ownership of houses and certificates of ownership of construction works due to loss.

1. Households, individuals or communities shall declare to the commune-level People’s Committee of the locality where the land is located the loss of their certificates, certificates of house ownership or certificates of ownership of construction works. The commune-level People’s Committee shall post up the loss at its office, except the loss due to a natural disaster or fire. Domestic organizations, religious institutions, foreign organizations, foreigners or overseas Vietnamese shall announce the loss of their certificates, certificates of house ownership or certificates of ownership of construction works in the local mass media.

2. After 30 days from the date of posting up the loss of the certificate at the office of the commune-level People’s Committee, for households, individuals or communities, or from the date of the first announcement in the local mass media, for domestic organizations, religious institutions, foreign organizations, foreigners or overseas Vietnamese, the person whose certificate is lost shall submit a dossier of request for re-grant of the certificate.

3. The land registration office shall check the dossier; the extract of the cadastral map or the extract of the cadastral survey of the land parcel, in case the cadastral map is unavailable and a cadastral survey of the land parcel has not yet been conducted; make a dossier and submit it to a competent state agency defined in Article 37 of this Decree for signing a decision to cancel the lost certificate and sign and re-grant the certificate of land use rights and ownership of houses and other land-attached assets; and adjust and update the change in the cadastral records and land database; hand over the certificate to the land user concerned or send it to the commune-level People’s Committees for handover, in case of submission of dossiers at commune level. Households, individuals and communities must declare to the People's Committee of the commune where the land is located about the loss of a certificate, house ownership certificate, or certificate of ownership of construction works. People's Committee of commune is responsible for posting notice of certificate loss at the office of communal People's Committee, except in case of loss of paper due to natural disaster or fire.

Application for re-issuance of Certificate of land use right, ownership of houses and other land-attached assets is specified in Clause 2, Article 10 of Circular No. 24/2014 / TT-BTNMT of the Ministry of Natural Resources and Environment Regulations on cadastral records are as follows:

"2. Dossiers submitted when carrying out procedures for re-grant of certificates, house ownership certificates, or certificate of ownership of construction works due to loss include:

a) Application for re-issuance of Certificate according to Form No. 10 / DK

b) The commune-level People's Committee's certification of posting notice of paper loss within 15 days for households and individuals ... ”.

The Department of Natural Resources and Environment requests that Ms. Le Thuy Hai's household contact the branch of the Quynh Nhai District Land Registration Office for guidance and completion of the re-issuance of Certificate in accordance with the above provisions.

 

By: Online Newspaper of the Government / Translator: HaiYen-Bizic

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