Recently, there has been a fake red book swap, many people recommend writing, signing or marking some signs in the red book to avoid being faked, or having a swap is also easy to recognize.
Please ask a lawyer, is writing and marking on the red book legal? Is the red book recorded like that invalid?
Thank you lawyer.
In Article 35 of Decree 91/2019/ND-CP dated November 19, 2019 on sanctioning of administrative violations in the field of land, there are regulations on the level of administrative penalties for violations of regulations. documents and vouchers in land use as follows:
“Article 35. Violations against regulations on papers and documents in land use
1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for erasing, correcting or falsifying contents of papers and documents in land use that do not fall into the cases specified in Clause 2. and Clause 3 of this Article.
2. A fine ranging from VND 4,000,000 to VND 10,000,000 shall be imposed for making untruthful declarations of land use or erasing, correcting or falsifying contents of papers and documents in land use leading to land use. to the issuance of the Certificate and the conversion, transfer, lease, inheritance, donation, mortgage or capital contribution with land use rights are misleading but not to the extent of criminal prosecution.
3. A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for using fake papers in performing administrative procedures and other land-related tasks but not reaching the level of criminal prosecution. .
4. Additional sanctioning forms:
Confiscate papers that have been erased, corrected or falsified; used fake papers in the cases specified in Clauses 1, 2 and 3 of this Article.
5. Remedial measures:
a) Enforce the submission of the granted Certificate and re-implement the administrative procedures for land as prescribed in the cases specified in Clause 2 of this Article;
b) Cancellation of results of implementation of administrative procedures on land as prescribed for the case in Clause 3 of this Article.“
Thus, only in cases of erasing, correcting or falsifying the contents of papers and documents in land use will administrative violations be sanctioned. Writing, signing or marking some signs on the cover or inside the red book without falsifying the content will not be sanctioned.
In addition, the current law does not have any provisions on the recording on land use right certificates that will make the certificate invalid. So the fact that you write, sign or mark some signs on the cover or inside of the red book to avoid being counterfeited, or even being swapped, will not affect the legal value of the certificate.
Lawyer Pham Thanh Binh
Bao Ngoc Law Firm, Hanoi
at Blogtuan.info – Source: vnexpress.net – Read the original article here