Procedures for Reissue of Red Book When Lost

As per the provisions outlined in Article 99 of the 2013 Land Law, it explicitly states that individuals have the right to request a replacement or re-issuance of the Land Use Rights Certificate if it is lost. Consequently, if the red book is misplaced due to negligence, fire, or any other unforeseen circumstances, the land user has the opportunity to apply for a replacement of the lost red book. In this publication by NT International Law Firm, we aim to provide you with the up-to-date procedures for reissue of red books when lost.

Procedures for Reissue of Red Book When Lost

Decree No. 43/2014/ND-CP of the Government dated May 15, 2014, detailing a number of articles of the Land Law, specifically stipulates the re-issuance of lost housing ownership certificates and construction work ownership certificates in its Article 77:

1. Procedures for individuals and communities:

  • Loss Declaration: Affected individuals, households, and residential communities must report the loss of their Certificate, House Ownership Certificate, or Construction Work Ownership Certificate to the Commune People’s Committee where the land is located.
  • Posting Notice: The Commune People’s Committee is responsible for posting a notice of the loss at its headquarters, except in cases where the loss occurred due to natural disasters or fires.
  • Document Submission: After 30 days from the date of posting the notice, individuals must submit a set of documents to request re-issuance of the Certificate.

2. Procedures for organizations and foreign individuals:

  • Loss Publication: Domestic organizations, religious establishments, foreign organizations, foreign individuals, and Vietnamese residing abroad must publish information about the lost Certificate in local mass media.
  • Document Submission: After 30 days from the date of first publication, the affected entity must submit a set of documents to request re-issuance of the Certificate.

3. Responsibilities of the Land Registration Office:

  • Document Verification: The land registration office checks submitted documents and records.
  • Cadastral Records: The office extracts relevant information from cadastral maps and measurements.
  • Decision and Re-issuance: The office prepares documents and submits them to the competent State agency for cancellation and re-issuance of the Certificate.
  • Database Update: The office updates cadastral records and the land database.
  • Certificate Issuance: The office issues the re-issued Certificate directly or sends it to the Commune People’s Committee for issuance.

Additional Legal Basis:

  • Clause 2, Article 10 of Circular No. 24/2014/TT-BTNMT of the Ministry of Natural Resources and Environment provides further details on cadastral records and applications for re-issuance of land use rights certificates.

Required Documents:

  • Application for re-issuance of Certificate (according to available form)
  • Documents certifying the loss of the Certificate from relevant authorities
  • Proof of publication of loss (except for natural disasters or fires)
  • Confirmation of posted notice of loss (only for individuals and communities)

Conclusion:

Re-issuance of lost land-related Certificates follows a specific procedure outlined in Decree 43/2014/ND-CP and Circular 24/2014/TT-BTNMT. This legal framework ensures proper documentation and protects the rights of landholders.

The Steps of Procedures for Reissue of Red Book When Lost

Legal Basis:

  • Decree No. 43/2014/ND-CP of the Government dated May 15, 2014, detailing a number of articles of the Land Law (specifically Article 77).
  • Circular No. 24/2014/TT-BTNMT of the Ministry of Natural Resources and Environment (Clause 2, Article 10).

Step 1: Declaration of Loss (Article 77, Clause 1)

  • The Land Use Rights Certificate holder (individual or household) must visit the People’s Committee of the commune/ward where the land is located.
  • Submit an application declaring the loss of the Land Use Rights Certificate (Red Book).
  • Sign a legal commitment confirming the truthfulness of the declaration.

Step 2: Commune-Level Cadastral Officer Responsibilities (Article 77, Clause 1)

  • Identify the lost certificate’s number within the Land Use Rights Certificate issuance book.
  • Forward the loss declaration to the Natural Resources and Environment Department of the District People’s Committee where the certificate was issued.
  • Post a public notice of the lost Land Use Rights Certificate at the Commune People’s Committee headquarters.

Step 3: Document Submission (Article 77, Clause 1)

  • After receiving confirmation of loss posting (30 days for individuals/communities), prepare the required documents.
  • These documents include:
    • Application for re-issuance of the Land Use Rights Certificate (according to the available form).
    • Documents certifying the loss of the Certificate from relevant authorities (e.g., commune-level police).
    • Confirmation of posted notice of loss (only for individuals and communities).
  • Submit the complete document set to the Land Registration Office at the commune/ward level.

Note:

  • This procedure applies to individuals, households, and residential communities.
  • Domestic organizations, religious establishments, foreign organizations, foreign individuals, and Vietnamese residing abroad must publish information about the lost Land Use Rights Certificate in local mass media (following the same timeline and document submission process).
  • The Land Registration Office will review the documents, verify records, and re-issue the Land Use Rights Certificate.

Additional Resources:

By following these steps and adhering to legal guidelines, you can ensure a smooth and successful re-issuance of your lost Land Use Rights Certificate (Red Book).

Procedures for Reissue of Red Book When Lost

Procedures for Reissue of Red Book When Lost

Time-frame for Reissue

Legal Basis:

  • Point q, Clause 2, Article 61 of Decree No. 43/2014/ND-CP of the Government dated May 15, 2014, detailing a number of articles of the Land Law, as amended and supplemented by Decree No. 01/2017/ND-CP.

Timeframe:

  • 10 days: This is the maximum time allowed for the Land Registration Office to re-issue a lost Land Use Rights Certificate (Red Book) after receiving all necessary documents and verifying their accuracy.

Additional Information:

  • This timeframe applies to individuals, households, and residential communities applying for re-issuance.
  • The timeframe commences after the 30-day waiting period following the posting of the lost certificate notice.
  • In case of delays exceeding the 10-day limit, individuals may seek legal assistance to ensure their rights are protected.

Legal References:

Time-frame for Reissue

Time-frame for Reissue

NT International Law Firm has addressed the question of what the procedures for reissue of Red Book when it is lost. If you have any further questions or concerns regarding land or real estate, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

You also might be interested in: The 2013 Law on Land

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