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Procedures for reissuing lost real estate books according to the new land law
Procedures for reissuing lost real estate books according to the new land law is a necessary solution to help land users restore legal ownership and use rights to registered assets. Proper implementation of the process not only ensures legal rights and avoids the risk of disputes, but also creates favorable conditions for transactions such as transfer, mortgage, donation or inheritance related to land use rights and assets attached to land.
The competent authority re-issues lost real estate books according to the new Land Law
According to the provisions of subsection 31 Section B and subsection 13 Section C Part II Decision 629/QD-BNNMT dated April 3, 2025, reissuing lost real estate books is under the authority of the Land Registration Office or Land Registration Office Branch. Specifically:
- For domestic organizations, religious organizations, foreign organizations with diplomatic functions, people of Vietnamese origin residing abroad, economic organizations with foreign investment capital, foreign organizations and foreign individuals, procedures for reissuing books are carried out at the Provincial Land Registration Office.
- For households, individuals and residential communities, procedures are carried out at the District Land Registration Office Branch where the land is located.
In addition, when carrying out procedures for reissuing lost real estate books, the People’s Committee of the commune where the land is located plays an important coordinating role.
The People’s Committee of the commune is responsible for publicly posting the information about the loss of the Certificate at the People’s Committee headquarters and residential areas where the land is located for 15 days, receiving feedback from the people. After the posting period, the People’s Committee of the commune makes a record of the end of posting and sends it to the Land Registration Office to continue the process of reissuing the certificate.
Procedures for reissuing lost real estate books follow the correct process
The implementation process includes the following steps:
Step 1: The land user prepares documents and submits them to the receiving agency:
Documents only require an Application for registration of changes in land and assets attached to land according to Form No. 11/DK issued with Decree No. 101/2024/ND-CP.
Depending on the settlement authority, land users choose to submit documents at one of the following points:
- The One-Stop Department follows the regulations of the Provincial People’s Committee on receiving documents and returning results of administrative procedures at the provincial, district and commune levels;
- Land Registration Office or Land Registration Office Branch;
- Location as agreed between the registration requester and the Land Registration Office, Land Registration Office Branch.
Application submission methods that land users can choose:
- Submit directly to the application receiving agency;
- Submit via postal service;
- Submitted at the location agreed between the registration requester and the Land Registration Office;
- Submit on the National Public Service Portal or Provincial Public Service Portal
Step 2: The application receiving agency is responsible for:
- Check the completeness of the dossier components, the consistency of information content between documents, the completeness of the declared content and issue a Dossier Receipt Certificate and schedule to return the results.
- In case the dossier is not within the authority to receive or the dossier has incomplete components or does not ensure the consistency of information content between documents or declares incomplete information according to regulations, the dossier will not be received and returned to the person requesting registration.
- The dossier-receiving agency issues a dossier receipt certificate and makes an appointment to return the results to the applicant.
- In case the dossier-receiving agency is the One-Stop Department according to the regulations of the Provincial People’s Committee on receiving dossiers and returning results of administrative procedures at the provincial, district, and commune levels, the dossiers will be transferred to the Land Registration Office.
Step 3: The land registration office performs the following tasks:
Check information about issued Certificates that land users and owners of assets attached to land declare lost in cadastral records and land databases. If it is discovered that the land use rights, ownership of assets attached to the land, or mortgage have been transferred to the land plot, the Office will notify and return the documents to the land user.
In case it is not discovered that the land use rights, ownership of assets attached to the land have been transferred or are mortgaged, then notify and return the documents to the land user and owner of assets attached to the land. For households and individuals, the Land Registration Office transfers information to the Commune-level People’s Committee where the land is located to do the following:
- Publicly post information about the loss of the issued Certificate at the headquarters of the People’s Committee at the commune level and the residential area where the land is located for 15 days; at the same time, receive feedback during the time of public posting about the loss of the issued Certificate;
- Within no more than 05 days from the end of the posting period, the People’s Committee at the commune level shall be responsible for drawing up a record of the end of posting and sending it to the Land Registration Office.
Step 4: The agency performing land administrative procedures shall publish 3 times in the local mass media within 15 days about the loss of the issued Certificate for organizations and people of Vietnamese origin residing abroad. The cost of publishing the notice shall be paid by the land user and owner of the property attached to the land.
Step 5: After completing the procedures, the Land Registration Office will cancel the issued Certificate, update the land records, and reissue the Certificate to the grantee.
In case the issued Certificate does not use the cadastral map, the Land Registration Office will extract or measure the cadastral map of the land plot to show the plot diagram on the new Certificate.
If the Additional Page of the Certificate is lost, the land user must submit the Change Registration Application and the original issued Certificate. The Land Registration Office will check the information and reissue the Certificate with updated information.
The time limit for resolving procedures for reissuing real estate books due to loss
The time limit for resolving procedures for reissuing lost real estate books is specifically stipulated in subsection 13, Section C, Part II of Decision No. 629/QD-BNNMT and subsection 31, Section B, Part II of Decision 629/QD-BNNMT. Accordingly, the processing time is prescribed by the Provincial People’s Committee but not more than 10 working days from the date of receipt of the dossier to ensure completeness and consistency.
The processing time is calculated from the date of receipt of a qualified application and does not include the following times: time for the competent authority to determine financial obligations, time for the land user to fulfill financial obligations, time for handling violations of land law, time for requesting appraisal, time for public posting (15 days), time for posting information (15 days), and time for carrying out inheritance division procedures if any.
For mountainous communes, islands, remote areas, areas with difficult or especially difficult socio-economic conditions, the time for completing procedures is increased by 10 working days. This is to facilitate people in special areas.
In localities that have issued regulations on receiving and circulating documents according to time needs, the time for resolving procedures can be implemented according to the agreement between the person in need and the Land Registration Office. However, this time must not exceed the maximum time prescribed by the Provincial People’s Committee.
Regulations on the time limit for resolving procedures for reissuing lost real estate books show the efforts of state agencies in simplifying administrative procedures, creating favorable conditions for people, and ensuring accuracy and transparency in land management.
Frequently asked questions about reissuing lost real estate books
Here are some frequently asked questions:
What fees must be paid when applying for a lost real estate book?
Fees for applying for a lost real estate book include administrative processing fees and public notification fees. Administrative fees vary by province but usually range from 50,000 to 200,000 VND for individuals and households, and from 100,000 to 500,000 VND for organizations.
In addition, the applicant must pay the cost of posting three times on the mass media (about 300,000 to 900,000 VND) and may incur a measurement fee if it is necessary to extract the cadastral map (200,000 to 1,000,000 VND depending on the land area).
Can I apply for a reissue if the real estate book is damaged but not completely lost?
Yes, if your real estate book is damaged but still identifiable, the procedure will be slightly different from the case of a lost book. You need to submit the damaged book along with the Change Registration Application according to Form No. 11/DK. The public notice requirement is often waived in these cases, significantly shortening processing times. The land registration office will check the authenticity of the damaged book and reissue a new one if the information matches the cadastral records.
What should I do if the bank mortgage book is lost?
When the bank mortgage book is lost, the land user needs to take the following steps: Immediately notify the bank about the loss of the book; Please confirm your current mortgage from the bank; Submit an application for reissue with bank confirmation. In this case, the Land Registration Office will coordinate with the bank to verify mortgage information.
The reissued book will record information about existing mortgage rights and is usually transferred directly to the bank holding the mortgage rights to ensure continuity of loan security.
How to prevent others from taking advantage of lost real estate books to make fraudulent transactions?
To prevent others from taking advantage of lost real estate books, land users need to: Immediately notify the police and land registration agency about the loss of the book; Require a note in cadastral records about lost books to prevent transactions; Quickly carry out procedures to re-issue books according to regulations.
The land data system has now been digitized in many localities, helping to warn when someone uses a lost book to make a transaction. In addition, public listing and posting notices also help the community know about the loss of books, contributing to preventing fraudulent transactions.
Can I authorize someone else to carry out the procedures for reissuing lost real estate books?
Yes, you can completely authorize someone else to carry out the procedure for reissuing lost real estate books. To do this, you need to create a notarized or authenticated power of attorney according to the law. The power of attorney must clearly state the authorization content and information of the authorizer and the authorized person.
The authorized person will carry out the entire process from submitting documents to receiving results. Note that some localities may require additional verification documents such as a CCCD/ID card of the authorizing person along with the power of attorney.
What should I do if I find the old real estate book after completing the reissue procedure?
When finding the old real estate book after being issued a new one, the land user is obliged to return the old book to the Land Registration Office where the new book was issued. This old book was invalidated when the new book was issued, so it is no longer valid. Returning old books helps avoid the risk of being used to make fraudulent transactions. The land registration office will receive and store old books in cadastral records, and update the “resubmitted” status in the land database.
Can I apply for a real estate book to be reissued through online public services?
Yes, according to the new regulations of the Land Law, land users can carry out procedures for reissuing lost real estate books through the National Public Service Portal or Provincial Public Service Portal. To use this service, users need to have an account on the system and perform electronic authentication (via citizen identification or digital signature).
Users need to scan the change registration application and submit it electronically. However, the steps for public listing and posting must still be carried out according to current regulations. After completing the process, users can choose to receive results directly or via postal service.
Consulting services on procedures for reissuing lost real estate books according to the new land law at Long Phan Consulting Company
Long Phan Consulting Company provides professional consulting services on procedures for reissuing lost real estate books according to new regulations of the Land Law. With a team of experienced experts in the field of land, Long Phan Consulting Company commits to supporting customers in carrying out administrative procedures quickly, accurately and in accordance with legal regulations.
Our services include:
- Support in preparing and checking dossiers to reissue lost real estate books according to new regulations.
- Instructions for submitting documents to the correct competent authorities, including the One-Stop Department and the Land Registration Office.
- Monitor application processing progress, contact authorities to speed up procedures.
- Support for public listing and posting according to regulations if necessary.
- Consulting on measurement plans and extracting cadastral maps when the land plot does not have a digitized map.
- Carry out procedures for receiving results and handing over new books to customers.
Long Phan Consulting Company commits to providing services with the following criteria: transparency in costs, clarity in deadlines, professionalism in processes, and efficiency in results. For any information about the service of reissuing lost land titles, customers can contact Long Phan Consulting Company directly for detailed advice and specific quotes.
Conclude
The procedure for reissuing lost real estate books requires strict compliance with land law regulations. To help you save time, costs and ensure that your documents are processed properly, Long Phan Consulting Company is ready to support you throughout the entire process of reissuing lost real estate books. Please contact us immediately via the hotline 1900636389 for free consultation.
