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The Ministry of Natural Resources and
Environment
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
02/2023/TT-BTNMT
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Hanoi, May 15,
2023
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CIRCULAR
AMENDMENTS TO
CERTAIN ARTICLES OF CIRCULAR NO. 23/2014/TT-BTNMT DATED MAY 19, 2014 OF THE
MINISTER OF NATURAL RESOURCES AND ENVIRONMENT PROVIDING FOR CERTIFICATE OF LAND
USE RIGHT, OWNERSHIP OF HOUSES AND OTHER LAND-ATTACHED ASSETS AND AMENDMENTS TO
CERTAIN ARTICLES OF CIRCULAR NO. 24/2014/TT-BTNMT DATED MAY 19, 2014 OF THE
MINISTER OF NATURAL RESOURCES AND ENVIRONMENT DEFINING CADASTRAL DOSSIERS
Pursuant to the Land Law dated November 29,
2013;
Pursuant to Decree No. 68/2022/ND-CP dated
September 22, 2022 of the Government on functions, tasks, powers and
organizational structure of the Ministry of Natural Resources and Environment;
Pursuant to Decree No. 10/2023/ND-CP dated April
03, 2023 of the Government of Vietnam on amendments to Decrees providing
instructions on the Land Law;
At the request of the Director of the Department
of Land Registration and Databases and Director of the Department of
Legislation;
The Minister of Natural Resources and
Environment hereby promulgates a Circular on amendments to certain Articles of
Circular No. 23/2014/TT-BTNMT dated May 19, 2014 of the Minister of Natural
Resources and Environment providing for certificate of land use right,
ownership of houses and other land-attached assets and amendments to certain
Articles of Circular No. 24/2014/TT-BTNMT dated May 19, 2014 of the Minister of
Natural Resources and Environment defining cadastral dossiers.
Article 1. Certain Articles of
Circular No. 23/2014/TT-BTNMT DATED MAY 19, 2014 of the Minister of Natural
Resources and Environment providing for certificate of land use right,
ownership of houses and other land-attached assets (hereinafter referred to as
“real estate ownership Certificate or Certificate” are amended
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“Article 14. Part of signing of the Certificate
and recording of number in the Certificate issuing book
1. Specifying the contents of the part of
signing of the Certificate as follows:
a) Specify the name of the place where the
Certificate is issued and date, month and year of signing of the Certificate;
b) Where the authority issuing the Certificate is
the district-level or provincial People’s Committee, the following information
shall be written:
If the collective of the authority is responsible
for its operation, the following information shall be specified:
ON BEHALF OF. The
PEOPLE’s committee of …………
Chairperson
Signature and seal of the People’s Committee and
full name of the signer;
or
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PP. CHAIRPERSON
DEPUTY CHAIRPERSON
Signature and seal of the People’s Committee and
full name of the signer;
If the head of the authority is responsible for its
operation, the following information shall be specified:
THE PEOPLE’S COMMITTEE OF …………
CHAIRPERSON
Signature and seal of the People’s Committee and
full name of the signer;
or
THE PEOPLE’S COMMITTEE OF …………
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DEPUTY CHAIRPERSON
Signature and seal of the People’s Committee and
full name of the signer;
c) If the Department of Natural Resources and
Environment is authorized to sign and issue the certificate by the provincial
People’s Committee, the following information shall be written:
ON BEHALF OF. THE PEOPLE’S COMMITTEE OF …………
BY ORDER OF. CHAIRPERSON
Director of
The Department of Natural Resources and Environment
Signature and seal of the Department of Natural
Resources and Environment and full name of the signer;
d) If the Department of Natural Resources and
Environment signs and issues the certificate within its authority, the
following information shall be written:
THE Department
of Natural resources and environment OF …………
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Signature and seal of the Department of Natural
Resources and Environment and full name of the signer;
If the Deputy Director of the Department of Natural
Resources and Environment signs the certificate, the following information
shall be written:
THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT
OF …………
PP. DIRECTOR
DEPUTY DIRECTOR
Signature and seal of the Department of Natural
Resources and Environment and full name of the signer;
dd) If a Land Registry Office signs and issues the
certificate within its authority, the following information shall be written:
Land
Registry Office …………(name of the office)…………..
DIRECTOR
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If the Deputy Director of the Land Registry Office
signs the certificate, the following information shall be written:
LAND REGISTRY OFFICE …………(name of the
office)…………..
PP. DIRECTOR
DEPUTY DIRECTOR
Signature and seal of the Land Registry Office and
full name of the signer.
e) If a branch of the Land Registry Office signs
and issues the certificate within its authority, the following information
shall be written:
The branch
of the LAND REGISTRY OFFICE …………(name of the branch)…………..
DIRECTOR
Signature and seal of the branch of the Land
Registry Office and full name of the signer.
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THE BRANCH OF THE LAND REGISTRY OFFICE …………(name
of the branch)…………..
PP. DIRECTOR
DEPUTY DIRECTOR
Signature and seal of the branch of the Land
Registry Office and full name of the signer.
2. Entry number of the Certificate issuing book
shall consist of letters and numbers (the ordinal number of the Certificate)
according to the following regulations:
a) If the certificate is issued by the
district-level People’s Committee, write "CH", then write a 5-digit
entry number that succeeds that of the previously issued certificate according
to Circular No. 17/2009/TT-BTNMT dated October 21, 2009 of the Minister of
Natural Resources and Environment providing regulations on real estate
ownership Certificate (hereinafter referred to as “Circular No.
17/2009/TT-BTNMT”);
b) If the certificate is issued by the provincial
People’s Committee or the Department of Natural Resources and Environment,
write "CT", then write a 5-digit entry number that includes the
province’s code and succeeds that of the previously issued certificate according
to Circular No. 17/2009/TT-BTNMT; if the Land registry office issues the
certificate according to the regulations in Point a Clause 1 Article 37 of
Decree No. 43/2014/ND-CP (which is amended by Clause 5 Article 1 of Decree No.
10/2023/ND-CP), write “CT”, then write a 5-digit entry number that includes the
province’s code and succeeds that of the previously issued certificate as
prescribed in this Point.
c) If the certificate is issued by the Land
registry office according to the regulations in Point b Clause 1 Article 37 of
Decree No. 43/2014/ND-CP (which is amended by Clause 5 Article 1 of Decree No.
10/2023/ND-CP), write “VP”, then write a 5-digit entry number that includes the
commune’s code and succeeds that of the certificate previously issued by the
district-level People’s Committee as prescribed in Point a of this Clause;
d) If the certificate is issued by the branch of
the Land registry office according to the regulations in Point b Clause 1
Article 37 of Decree No. 43/2014/ND-CP (which is amended by Clause 5 Article 1
of Decree No. 10/2023/ND-CP), write “CN”, then write a 5-digit entry number
that includes the commune’s code and succeeds that of the certificate
previously issued by the district-level People’s Committee as prescribed in Point
a of this Clause.”
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“3. The issuance of the certificate for the cases
prescribed in Points a, b, e, g, h, l, m and r Clause 1 and Points a, c, d, dd,
e, g, h and i Clause 2 of this Article shall comply with the regulations in
Article 37 of Decree No. 43/2014/ND-CP (which is amended by Clause 5 Article 1
of Decree No. 10/2023/ND-CP).
In the cases prescribed in Point n Clause 1 and
Point b Clause 2 of this Article, the natural resources and environment agency
shall be responsible for following the procedures prescribed in Clause 2
Article 69 of Decree No. 43/2014/ND-CP, then transferring the application to
the agency prescribed in Article 37 of Decree No. 43/2014/ND-CP (which is
amended by Clause 5 Article 1 of Decree No. 10/2023/ND-CP) to issue the
certificate.”
3. Amendments to Article 19:
"Article 19. Agencies giving endorsement of
changes in the existing Certificates
1. Agencies shall give endorsement of changes in
the existing Certificates in case:
a) The changes that are prescribed in Clause 1
Article 17 hereof and are different from the cases prescribed in Point b of
this Clause 1 of this Article are made by the agency prescribed in Clause 1
Article 37 of Decree No. 43/2014/ND-CP (which is amended by Clause 5 Article 1
of Decree No. 10/2023/ND-CP).
If the land registry office has not been
established under Points a and b Clause 1 Article 5 of Decree No. 43/2014/ND-CP
(which is amended by Clause 4 Article 2 of Decree No. 01/2017/ND-CP), land
ownership registration office established according to regulations of the land
law in 2003 shall continue to give the endorsement of changes in the existing
Certificates under the assigned functions and tasks.
b) The errata for the existing certificates’ errors
are made by the agency having authority to issue certificates according to the
regulations in Article 105 of the Land Law and Article 37 of Decree No.
43/2014/ND-CP (which is amended by Clause 5 Article 1 of Decree No.
10/2023/ND-CP). The certification of adding the ownership of land-attached
assets to the existing certificates is carried out by the agency having
authority to issue certificates according to the regulations in Article 37 of
Decree No. 43/2014/ND-CP (which is amended by Clause 5 Article 1 of Decree No.
10/2023/ND-CP).
2. The agencies prescribed in Clause 1 of this
Article shall write day, month, year; signatures, full names and positions of
the signers in the column “certification of the competent agency”.”
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1. Issuance of the certificate is applied to the
entire area of the plot that is currently using (including the area of the
original plot and the area of the additional plot).
2. An application for issuance of the certificate
in case the additional land area acquired from transfer, inheritance or
donation of the land use right has been granted a certificate:
a) If the original plot has been granted a
certificate:
- An application form for reissuance or replacement
of the certificate using Form No. 10/DK for the entire area of the plot that is
currently using;
- The original certificate of the original plot;
- The original certificate and contract, document
on the transfer, inheritance or donation of the land use right made according
to regulations of the additional land area. If the transfer, inheritance or
donation of the additional land area complies with the regulations in Clause 2
Article 82 of Decree No. 43/2014/ND-CP, the original certificate of the
transferor or the contract and document on the transfer, inheritance or
donation of the land use right for the additional land area shall be submitted.
b) If the original plot has not been granted a
certificate:
- An application form for issuance of the
certificate using Form No. 04a/DK for the entire area of the plot that is
currently using;
- One of the documents prescribed in Article 100 of
the Land Law, Article 18 of Decree No. 43/2014/ND-CP and Clause 16 Article 2 of
Decree No. 01/2017/ND-CP for the original plot;
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In case of application for the ownership of houses
or construction works, maps of such houses and construction works are required,
except for the case that maps appropriate to the finished houses and
construction works' status have been included in documents on the ownership of
such houses and construction works;
- Proofs of financial responsibility; documents
relating the exemption or reduction of the financial responsibility for land
and land attached assets (if any);
- In case of application for the limited right to
use an adjacent plot, a contract or agreement or decision of the People’s Court
on establishment of the limited right to use the adjacent plot, enclosed with a
map showing the location and size of the plot that the owner of the adjacent
plot has the right to use within a limit shall be submitted;
- The original certificate and contract, document
on the transfer, inheritance or donation of the land use right made according
to regulations of the additional land area. If the transfer, inheritance or
donation of the additional land area complies with the regulations in Clause 2
Article 82 of Decree No. 43/2014/ND-CP, the original certificate of the
transferor or the contract and document on the transfer, inheritance or
donation of the land use right for the additional land area shall be submitted.
3. An application is submitted in case the
additional land area is not granted a certificate:
a) In case the land area is added due to transfer,
inheritance, donation of the land use right before July 01, 2014 and there are
documents proving the land use right prescribed in Article 100 of the Land Law,
Article 18 of Decree No. 43/2014/ND-CP and Clause 16 Article 2 of Decree No.
01/2017/ND-CP of such additional land area:
- An application form for issuance of the
certificate using Form No. 04a/DK for the entire area of the plot that is
currently using;
- Original certificate of the original plot or the
documents prescribed in Article 100 of the Land Law, Article 18 of Decree No.
43/2014/ND-CP and Clause 16 Article 2 of Decree No. 01/2017/ND-CP for the
original plot in case the original pilot is not granted a certificate;
- One of the documents prescribed in Article 100 of
the Land Law, Article 18 of Decree No. 43/2014/ND-CP and Clause 16 Article 2 of
Decree No. 01/2017/ND-CP for the additional land area;
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In case of application for the ownership of houses
or construction works, maps of such houses and construction works are required,
except for the case that maps appropriate to the finished houses and
construction works' status have been included in documents on the ownership of
such houses and construction works;
- Proofs of financial responsibility; documents
relating the exemption or reduction of the financial responsibility for land
and land attached assets (if any);
- In case of application for the limited right to
use an adjacent plot, a contract or agreement or decision of the People’s Court
on establishment of the limited right to use the adjacent plot, enclosed with a
map showing the location and size of the plot that the owner of the adjacent
plot has the right to use within a limit shall be submitted;
b) In case there are no documents proving the land
use right prescribed in Article 100 of the Land Law, Article 18 of Decree No.
43/2014/ND-CP and Clause 16 Article 2 of Decree No. 01/2017/ND-CP for the
additional land area;
- An application form for issuance of the
certificate using Form No. 04a/DK for the entire area of the plot that is
currently using;
- Original certificate of the original plot or the
documents prescribed in Article 100 of the Land Law, Article 18 of Decree No.
43/2014/ND-CP and Clause 16 Article 2 of Decree No. 01/2017/ND-CP for the
original plot in case the original pilot is not granted a certificate;
- One of the documents prescribed in Articles 31,
32, 33 and 34 of Decree No. 43/2014/ND-CP in case of application for the
ownership of land attached assets.
In case of application for the ownership of houses
or construction works, maps of such houses and construction works are required,
except for the case that maps appropriate to the finished houses and
construction works' status have been included in documents on the ownership of
such houses and construction works;
- Proofs of financial responsibility; documents
relating the exemption or reduction of the financial responsibility for land
and land attached assets (if any);
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4. In case the original plot and its additional
land area is granted the certificate, the authority prescribed in Article 37 of
Decree No. 43/2014/ND-CP (which is amended by Clause 5 Article 1 of Decree No.
10/2023/ND-CP) shall sign for issuance of the certificate
In case the original plot or the additional land
area or the entire area of the original plot and its additional land area is
not granted the certificate, the branch of the Land Registry Office or land
ownership registration office shall prepare an application to be submitted to the
district-level People’s Committee via the Division of Natural Resources and
Environment for signing and issuing the certificate.”
Article 3. Implementation
clauses
1. This Circular comes into force from May 20,
2023.
2. The phrase “Tổng cục Quản lý Đất đai” (“General
Department of Land Administration”) shall be replaced into “Cục Đăng ký và Dữ
liệu thông tin Đất đai” (“Land Information Data and Registration
Department") in Article 4 and Clause 1 Article 25 of Circular No.
23/2014/TT-BTNMT dated May 19, 2014.
3. This Circular shall annul the following
regulations:
a) Clause 1 Article 18 of Circular No.
02/2015/TT-BTNMT dated January 27, 2015 shall be annulled;
b) Clauses 13 and 15 Article 6, Clause 7 Article 7
of Circular No. 33/2017/TT-BTNMT dated September 29, 2017 shall be annulled.
Article 4. Responsibilities for
implementation
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2. The People’s Committees of provinces and
central-affiliated cities and relevant organizations and individuals shall be
responsible for implementation of this Circular.
3. The Departments of Natural Resources and
Environment shall assist the People’s Committees of provinces and central-affiliated
cities in implementing this Circular in their provinces and cities.
Agencies, organizations and individuals should
report difficulties that arise during the period of implementation of this
Circular to the Ministry of Natural Resources and Environment for consideration
and settlement./.
PP. MINISTER
DEPUTY MINISTER
Le Minh Ngan