LAND USE RIGHT CERTIFICATE AMENDMENT SERVICES

LAND USE RIGHT CERTIFICATE AMENDMENT SERVICES

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The correction of a Land Use Right Certificate refers to the process of rectifying inaccurate or incorrect information stated in an already issued certificate. In practice, many property owners are unsure when such corrections are required, as well as the potential causes and legal consequences of failing to carry out the amendment in a timely manner.

In this article, Dai Quang Minh Law Office provides a comprehensive overview to help clients better understand the relevant legal framework and practical considerations.

1. Cases requiring correction of a Land Use Right Certificate

Pursuant to Clause 1, Article 152 of the 2024 Land Law, the correction and revocation of issued certificates are regulated as follows:

“1. The agency having authority to issue certificate of title specified in Article 136 hereof shall correct errors in the issued certificate in the following cases:

a) False information on the certificate holder in comparison with the information at the time of correction;

b) False information on the land parcel, property affixed to land compared to the information in the declaration dossier on registration of land or property affixed to land that has been checked and confirmed by a land registration authority or shown in an effective document of a regulatory agency having authority to settle land disputes.”

Accordingly, there are two main circumstances in which a Land Use Right Certificate must be corrected: (i) where there are inaccuracies in the information of individuals or organizations, and (ii) where there are discrepancies in the details of the land parcel compared to the registered dossier.

In practice, these errors often arise from inaccurate or incomplete declarations by land users, or simple confusion during the submission process. However, a significant number of cases stem from administrative oversights, including insufficient verification or loose management during the processing of applications by the competent authorities, which may lead to various legal and practical consequences if not promptly addressed.

2. Legal consequences of failing to correct the Land Use Right Certificate

If the Land Use Right Certificate is not duly corrected, land users may face several legal and practical consequences, including:

- Inability to carry out transactions involving land use rights: Land users may not be able to proceed with transactions such as transfer, lease, sublease, inheritance, donation, or capital contribution using land use rights or assets attached to land. In practice, these transactions can only be carried out once the information stated in the Land Use Right Certificate is accurate and consistent with legal records.

- Impact on financial obligations: In cases where incorrect information relates to land area, plot number, or parcel details, the land user’s financial obligations may be affected. Since tax authorities rely on the information stated in the Land Use Right Certificate, any inaccuracies may lead to incorrect tax assessments or obligations. Even after correction, additional procedures with the tax authority may be required (if applicable).

- Practical inconveniences and legal risks: Beyond formal legal issues, inaccurate information on the certificate may also cause various practical difficulties and administrative complications for land users in the course of ownership, management, and use of the property.