News
The 2024 Land Law, in Article 152, provides more detailed and stringent regulations on cases in which the State is authorized to revoke an issued Certificate of Land Use Rights, compared to Article 106 of the 2013 Land Law.
A notable improvement is that the new law expands the scope of revocation, clarifies the implementation procedure, and supplements provisions to ensure transparency, consistency, and uniformity in land-related enforcement.
Accordingly, the State may revoke a previously issued Certificate in the following situations:
when the entire land area is subject to compulsory land recovery;
when the land user carries out reissuance or registers changes requiring a new Certificate;
when the Certificate was issued with errors in authority, beneficiary, or legal basis;
when there is an effective court judgment or decision ordering revocation;
or when, during civil judgment enforcement, the obligor fails to return the Certificate as required.
If a court issues an effective judgment or decision requiring revocation, competent authorities must strictly enforce the ruling.
If inspection authorities conclude that the Certificate was issued unlawfully, the competent land authority must verify, assess, and issue a revocation decision if the conclusion is valid.
If the issuing authority itself discovers an error during management, it is responsible for inspecting, notifying, and revoking the unlawfully issued Certificate.
If citizens detect errors, they are entitled to submit written requests to the competent authority for review and settlement.
These provisions show that the 2024 Land Law empowers citizens to take a more active role in monitoring and reporting irregularities, ensuring transparency and preventing abuse of power in land administration.
However, if the land use right has been lawfully transferred, gifted, or mortgaged to a bona fide third party, the Certificate may not be revoked, thereby protecting legitimate third-party rights.
In cases where damage arises from wrongful issuance, the State will comply with relevant court judgments or decisions and impose legal responsibility on individuals or organizations that committed the violations.
This demonstrates the State’s commitment to ensuring lawful land use rights while strengthening accountability and deterrence for public officials and authorities.
Accordingly:
If land or property attached to land qualifies for a Certificate but has not yet been issued one, the judgment enforcement agency will request the competent authority to issue an initial Certificate to the purchaser or recipient in enforcement proceedings.
If the property already has a Certificate but the judgment debtor refuses to return it, the enforcement agency may request revocation or cancellation of the existing Certificate and issuance of a new Certificate to the lawful recipient.
These provisions help protect the legitimate rights of judgment execution beneficiaries, reduce prolonged disputes, and enhance transparency in compulsory asset enforcement.
GIVLAW offers services including:
consulting on revocation or cancellation of unlawfully issued Certificates;
resolving land disputes;
administrative complaints;
representing clients before competent authorities; and
accompanying clients throughout all related legal procedures.
With the motto “Think Law – Think GIVLAW,” we are committed to delivering lawful, practical, and sustainable solutions for our clients.
