Headlines 27/05/2023 16:15 CH

Vietnam to amend several regulations on issuance of certificates of land use rights

Thanh Thảo

On May 15, 2023, the Minister of Natural Resources and Environment of Vietnam promulgated Circular No. 02/2023/TT-BTNMT on amendments to Circular No. 23/2014/TT-BTNMT on certificates of land user rights, house ownership, and property on land and Circular No. 24/2014/TT-BTNMT on cadastral dossiers.

- Circular No. 02/2023/TT-BTNMT has amended the certificate signing process of issuing authorities that are People's Committees of provinces and districts, which contains the following 2 cases:

+ Agencies working under collective regulations.

+ Agencies working under chief regulations.  

At the same time, Circular No. 02/2023/TT-BTNMT has also amended the content of the certificate signing process in the following cases:

+ The Land Registration Office signs the issuance of certificates under its jurisdiction; the Deputy Head of the Land Registration Office signs the certificates.

+ A branch of the Land Registration Office signs the issuance of certificates under its jurisdiction; the Deputy Head of the branch of the Land Registration Office signs the certificates.

- Additionally, regulations on ordinal numbers in the certificate issuing record are amended.

Amendments to regulations on issuance of certificates of land use rights for increased land area compared to documents on land use rights

- A dossier for the issuance of a certificate in case the land area increased after receiving a transfer, inheritance, or a gift that is land use rights of a parcel with an issued certificate and the original parcel has been issued with a certificate includes:

+ An application for re-issuance of the certificate for the whole land area of the currently in-use parcel;

+ An original copy of the certificate of the original parcel;

+ Original copies of certificates, contracts, or documents on the transfer, inheritance, and gift of land use rights of the increased land area as per regulation.

- In case the increased land area does not have any document on land use rights, the dossier includes:

+ An application for re-issuance of the certificate for the whole land area of the currently in-use parcel;

+ An original copy of the certificate of the original parcel or documents prescribed in Article 100 of the Law on Land 2013, Article 18 of Decree No. 43/2014/ND-CP, and Clause 16 Article 2 of Decree No. 01/2017/ND-CP of the original parcel in case it does not have a certificate;

+ One of the documents prescribed in Articles 31, 32, 33, and 34 of Decree No. 43/2014/ND-CP in case of property on land ownership registration.

Attention: In case of a house or construction ownership registration, a diagram of the house or construction is required unless the document on house or construction ownership has included a diagram in accordance with the current conditions of the house or construction;

+ A voucher of financial obligations; papers related to the reduction or exemption from financial obligations on land or property on land (if any);

+ In case of registration for land use rights of an adjacent parcel, a contract or written agreement or decision of the People’s Court on establishing the limited right to use such parcel is required, enclosed with a diagram showing the location and land area of the parcel that the user of the adjacent parcel is entitled to limited use rights.  

See more details in Circular No. 02/2023/TT-BTNMT of the Ministry of Natural Resources and Environment of Vietnam, effective as of May 20, 2023.

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Above are the summary and notification of new documents for customers of THU VIEN PHAP LUAT. For more information, please send an email to info@thuvienphapluat.vn.

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