PROCEDURES FOR EXCHANGE OF LAND USE RIGHT CERTIFICATE

Answer:

FDVN Law Firm (FDVN) thank you for trusting and using FDVN's consulting services. For your question, we have some exchanges as follows:

Point b, Clause 1, Article 76 of Decree No. 43/2014/ND-CP dated May 15, 2014 (amended and supplemented by Decree No. 01/2017/ND-CP and Decree No. 148/2020/ND-CP) regulations:

1. The renewal of granted certificates, certificates of house ownership or certificates of ownership of construction works shall be made in the following cases:

b) Granted certificates or certificates of house ownership or certificates of ownership of construction works are smeared, blurry, ragged or damaged;

Thus, in your case, you have to carry out the procedure for issuing and changing the Certificate. Documents and procedures are as follows:

- Dossier of application for replacement of the Certificate (Clause 1, Article 10 of TT 24/2014/TT-BTNMT)

+ An application form for the replacement of the Certificate, made according to Form No. 10/DK;

+ The original of the issued Certificate.

- Place of receiving dossiers: Branch of land registration office or commune-level People's Committee where the land is located.

- Execution time:

+ According to Clause 40, Article 2 of Decree No. 01/2017/ND-CP, the time to carry out the procedure for granting and changing the Certificate is no more than 07 days. This time is counted from the date of receipt of a valid dossier; excluding the time of holidays and holidays as prescribed by law; does not include the time to receive the dossiers at the commune, the time to fulfill the financial obligations of the land users; does not include the time for consideration and handling for the case of land use in violation of the law, the time for soliciting expertise.

+ In case the application is incomplete or invalid, within 03 working days, the agency receiving and handling the application must notify and guide the applicant to supplement and complete the application according to the regulations.

For communes in mountainous, island, deep-lying, remote areas, areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions, the implementation time for the procedure is increased by 10 days.

Above are all of FDVN's advice, FDVN is very pleased to support you!

According to Ho Thi Thuong – FDVN Law Firm

CONTACT US:

Lawyers in Da Nang:

99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city

Lawyers in Hue:

56A Dien Bien Phu, Hue City, Thua Thien Hue

Lawyers in Phu Quoc:

65 Hung Vuong, Duong Dong town, Phu Quoc island district

Lawyers in Quang Ngai:

359 Nguyen Du, Quang Ngai City, Quang Ngai Province.

Lawyers in Ha Noi

Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi

Lawyers in Nghe An

 No. 19 V.I Lenin street, Vinh City, Nghe An Province

Website: www.fdvn.vn    www.fdvnlawfirm.vn  www.diendanngheluat.vn  www.tuvanphapluatdanang.com

Email: fdvnlawfirm@gmail.com    luatsulecao@gmail.com

Phone: 0935 643 666    –  0906 499 446

Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/

Legal Service For Expat:  https://www.facebook.com/fdvnlawfirmvietnam/

TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/

DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/

Youtube: https://www.youtube.com/c/luatsufdvn

Telegram: https://t.me/luatsufdvn

Group “Legal forum for foreigners in Vietnam”: https://www.facebook.com/groups/legalforeignersinvietnam