Thank you for concerning and trusting in FDVN’s legal services. Based on your consulting requirements, after studying the legal documents, FDVN Law Firm offers the following advice:
According to the Law on Land 2013 and the legal documents on guidelines for implementation: the owner is entitled to re-granted the certificate of land use rights when the certificate is lost.
Under Article 77 of the Decree No. 43/2014/ND-CP guided by the Circular No. 24/2014/TT-BTNMT regulating on re-granting of the certificates of land use rights due to loss, the following steps shall be taken:
The person who was granted the certificate of land use rights shall declare to the commune-level People’s Committee of the locality where the land is located and must take responsibility before law for the accuracy.
After receiving notification, the Cadres of communes take responsibility for conducting the following duties:
- Make a number of the lost certificate of land use rights to input into the book granting the certificate of land use rights.
- To send the declaration form to the District or Provincial-level Natural Resources and Environment Division where the certificate of land use rights is granted.
After 30 days from the date of posting up the loss of the certificate at the office of the commune-level People’s Committee, the person whose certificate is lost shall submit a dossier of request for re-grant of the certificates.
Under Clause 2 Article 10 of the Circular No, 24/2014/TT-BTNMT prescribed on an application for re-issuance of the Certificate shall include:
+ A written form of re-issuance of the Certificate;
+ A written certification of the People’s Committees of communes on listing a notice of Certificate loss within 15 days for households and individuals; a proof of posting 03 times on local means of mass media on loss of the Certificates to organizations, religious institutions, foreign individuals, foreign organizations having diplomatic functions, foreign-invested enterprises and oversea Vietnamese carrying out the investment project; a written certification of People’s Committees of communes on such natural disaster or fires in case the Certificate is lost due to natural disasters, fires.
After a dossier had been prepared, the owner shall submit that dossier to District or Provincial-level land registration office where such reside for re-grant.
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 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.
Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.
Hoang Tran Ngoc Anh - FDVN Lawfirm
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