Thủ tục cấp lại Giấy chứng nhận quyền sử dụng đất bị mất?

According to Article 39 of Decree No. 101/2024/NĐ-CP regarding the procedure for reissuing a Certificate of Land Use Rights, Ownership of Residential Housing, and Assets Attached to Land due to loss, the process is as follows:

The land user or owner of assets attached to land must submit a Land and Asset Change Registration Application (Form No. 11/ĐK issued together with Decree No. 101/2024/NĐ-CP) to the receiving agency as prescribed in Clause 1, Article 21 of Decree No. 101/2024/NĐ-CP.

If the application is submitted to the receiving agency specified at Point a, Clause 1, Article 21, it will be forwarded to the Land Registration Office.

The Land Registration Office is responsible for:

a) Verifying the information regarding the Certificate reported lost by the land user or asset owner based on cadastral records and the land database;

b) If it is found that the land parcel or asset attached to the land has been transferred or is under mortgage with a credit institution, economic organization, or individual as per legal regulations, the Office must notify and return the application to the applicant;

c) If not falling under the circumstances mentioned in Point b, Clause 2, Article 39, the Land Registration Office shall forward the information to the Commune-level People’s Committee where the land is located to proceed as per Clause 3, Article 39 for households and individuals; at the same time, announce the loss three times over 15 days on local mass media for organizations and overseas Vietnamese, with the announcement cost borne by the applicant;

d) Proceed with canceling the previously issued Certificate, update and revise the cadastral records and land database, and, after completing the procedures in Clause 3, Article 39, reissue the Certificate to the land user or asset owner.

In case the issued Certificate does not yet have a cadastral map or an extract of the cadastral map, the procedure shall be carried out in accordance with Point b, Clause 3, Article 37 of Decree No. 101/2024/NĐ-CP.

The Commune-level People’s Committee must perform the following tasks:

a) Publicly post information about the lost Certificate at the Commune People’s Committee headquarters and the residential area where the land is located for 15 days and receive any public feedback during the posting period;

b) Within five (5) days after the end of the posting period, prepare a record of the public posting and send it to the Land Registration Office.

In cases where the Supplementary Page of the Certificate issued under the land law before Decree No. 101/2024/NĐ-CP came into effect is lost, the land user or owner must submit a Land and Asset Change Registration Application (Form No. 11/ĐK) along with the original Certificate.

The Land Registration Office will verify the information on the Supplementary Page against cadastral records and the land database, and reissue a new Certificate containing updated information from both the original Certificate and the Supplementary Page.

Instructions for Completing the Application:

(1) For households, individuals, residential communities, and overseas Vietnamese, write “Land Registration Office/Branch of Land Registration Office…” where the land is located;

For domestic organizations, religious organizations, religious sub-organizations, foreign-invested economic organizations, diplomatic organizations, and foreign individuals/organizations, write “Land Registration Office…” where the land is located.

(2) Record the information exactly as on the previously issued Certificate; in case of transfer, record the information of the transferee.

(3) If the Certificate has been lost and the applicant has no information about it, leave this section blank; the administrative agency will verify cadastral records and land database to determine the necessary information, in which the details at Sections 2.1 and 2.3 must be included.

(4) Specify the change details, e.g., “Received transfer, received donation…, reissuance of Certificate due to loss, renewal of Certificate…”

(5) List all documents attached to the Application.

APPLICATION FOR REGISTRATION OF CHANGES IN LAND AND ASSETS ATTACHED TO LAND

To: ………………………..(1)

1.2. Identity document/Legal entity document:………………………………………………………………………

1.3. Address:……………………………………………………………………………………………………………..

1.4. Contact phone number (if any): ………………….………………………………………..…… Email (if any):

Details of the issued Certificate (3):

2.1. Certificate registration number:…………………………………………………………………………………….

2.2. Certificate issuance number (Serial number):…………………………………………………………………

2.3. Date of issuance: ……../ ……../………..;

Details of changes (4): ………………………………………………………………………………………………………………………………. ………………………………………………………………………………………………………………………………

Related documents submitted with this application (5):

(1) The issued Certificate;

(2) …………………….…………………………………………………………………………………………….……

I hereby certify that the information provided in this application is true and take full responsibility before the law for its accuracy.

                                                                                                ………, date ….. month … year ……

                                                                                                                   Applicant
                                                                                       (Signature, full name, and seal if applicable)