There is not any provisions to revoke some of the contents in the red book
Land law does not provide for the revocation of some contents of land use right certificates. In cases where a Certificate is detected to issue in contravention of law, the issued Certificate must be revoked.
In 1999, the household of Ms. Dang Thi Kim Chi (in Gia Lai Province) was granted a land use right certificate, consisting of 4 non-adjacent plots and locations far away from each other, located in Ia Pet Commune, Dak Doa District, Gia Lai Province.
In 2018, when Ms. Chi's family did do procedures for renewal, the Land Registration Office announced:
- Land lot No. 16, map sheet 13, with an area of 5,010 m2, was recovered under the decision of recovery of Decision 1603, 2009 by Dak Doa District People's Committee.
- Land parcel 129, map sheet 24, with an area of 800 m2, has an actual decrease in area compared to the certificate.
- The location of the land parcel 133 in the field is not in line with the land plot on the issued certificate and cadastral map. The actual location of the land plot 133 belongs to an area of the parcel of land number 144 sheets of map 13 on the cadastral map, now a certificate has been issued to other users.
The Land Registration Office asked Ms. Chi to carry out the procedures to revoke the certificate for re-issue. But this will be prolonged because Certificate 144 of the land use right is mortgaged, the adjustment of the book will also affect land plot 132 because the actual land of this plot is in Ms. Chi's certificate. Currently in the rainy season, Ms. Chi needs a mortgage certificate to borrow money to buy fertilizer for plants.
Ms. Chi would like to ask, she wanted to carry out the procedure of separating each book for land plots 129 (land plots with reduced area) and another land plot without errors. For Plot 133 (at the wrong location), will she apply for adjustment with other related land users?, and then will she be able to apply for a replacement of the new book? How is the procedure?
Regarding this issue, Gia Lai People's Committee answered as follows:
In 1999, the household of Ms. Dang Thi Kim Chi was granted a land use right certificate, consisting of 4 non-adjacent plots and locations far away from each other, all in Ia Pet Commune.
In 2018, when carrying out the procedures for renewal, the Land Registration Office announced:
- Land plot No. 16, map sheet 13, area of 5,010 m2, recovered according to the decision of acquisition under Decision 1603 of the District People's Committee 2009, parcel of land 129, map sheet 24, area of 800 m2, with area Actual reduction compared to the certificate.
- The parcel of land 133 in the field is not in accordance with the parcel of land on the issued Certificate and cadastral map, belonging to a part of the parcel of land No. 144, map sheet No. 13, currently issued a certificate to others use.
As such, her certificate of land parcel 113 issued does not comply with the land law as prescribed at Point d, Clause 2, Article 106 of the 2013 Land Law.
According to Article 87, Decree No. 43/2014 / ND-CP and Decree No. 01/2017 / ND-CP: In case the investigating authority or inspection agency issues a written conclusion that the Certificate has been issued in contravention of the land law, competent state agencies shall consider, if the conclusion is true, the decision to revoke the granted certificate; In case the land user or state agency detects that the issued Certificate is not in compliance with the land law, competent state agencies shall revoke the issued Certificate in contravention of regulations, thus the authority to decide to revoke the land use right certificate belongs to the district People's Committee.
Land law does not provide for the revocation of some contents of land use right certificates. Therefore, in case the Certificate of Ms. Dang Thi Kim Chi is found issued by the Registration Office's branch in contravention of law provisions, the issued Certificate must be revoked.
After revoking the issued certificate, the People's Committee of Dak Doa District will consider to re-issue the Certificate to her in accordance with the law. In terms of time, the sequence and procedures, we recommend that she contacts the Modern One-stop section of the Dak Doa District People's Committee for detailed instructions.
By: Online Newspaper of the Government / Translator: HaiYen-Bizic
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