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MINISTRY
OF NATURAL RESOURCES AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No:
24/2014/TT-BTNMT
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Hanion, May 19,
2014
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CIRCULAR
DEFINING
CADASTRAL DOSSIERS
Pursuant to the Law on Land dated November 29,
2013;
Pursuant to the Government's Decree No. 43/2014
/ ND-CP dated May 15, 2014 detailing the implementation of a number of articles
of the Law on Land;
Pursuant to the Government's Decree No. 21/2013
/ ND-CP dated March 4, 2013 defining the functions, tasks, entitlements and
organizational structure of the Ministry of Natural Resources and Environment;
At the request of the General Director of the
Directorate of Land Management and the Director of the Legal Department,
The Minister of Natural Resources and
Environment promulgates the Circular defining cadastral dossiers
Chapter I
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Article 1. Scope of regulation
This Circular defines compositions of cadastral
dossiers; application for registration of land, property on land, granting
Certificate of land use rights, ownership of houses and other property on land;
contents of cadastral dossiers; compilation of cadastral dossiers and change
roadmap of cadastral dossiers from paper to digital format; update,
readjustment and management of cadastral dossiers.
Article 2. Regulated entities
1. State management agencies, specialized agency of
natural resources and the environment at all levels; Land registration Office
or registration Office of land use rights for the places where the land
registration Offices have not been established and cadastral officers at
communes. (Hereinafter referred to as cadastral officers at commune level).
2. Land users, persons assigned to manage land by
the State, owners of property on land and other involved organizations or
individuals.
Article 3. Interpretation of
terms
In this Circular, the following terms shall be
interpreted as follows:
1. Cadastral dossier is a collection of
documents showing detailed information on the current conditions and the legal
status of the management and use of land plots, property on land to serve State
management requirements for land and information needs of the involved
organizations and individuals.
2. Registration of land and property on land for
the first time (hereinafter referred to as first-time registration) is the
implementation of procedures at the first time to record the legal status of
land use rights, ownership of houses and other property on land and land
management rights for a land plot in the cadastral dossier.
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4. Certificate is the common name of the
certificates of land use rights, including: Certificates of land use rights;
Certificate of ownership of houses and land use rights; Certificates of land
use rights, ownership of houses and other property on land in accordance with
legislation on land, legislation on houses.
Article 4. Composition of
cadastral dossiers
1. For places where cadastral database has been
established, cadastral dossiers shall be compiled under digital format and
stored in land database, including:
a) Cadastral investigation documents including
cadastral maps and land-itemizing books;
b) Cadastral books
c) File copy of Certificates
2. For places where cadastral database has not
established, cadastral dossiers shall include:
a) Documents defined in points a and c, Clause 1 of
this Article under paper form and digital form (if any);
a) Documents defined in point are b, Clause 1 of
this Article under paper form and digital form;
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Article 5. Principles of
complication, update, readjustment of cadastral dossiers
1. Cadastral dossiers shall be compiled for each
administrative unit of communes, wards and towns.
2. Compilation, update, readjustment of cadastral dossiers
must comply with administrative procedures as prescribed by legislation of
land.
3. The contents of the information in cadastral
dossiers must ensure the consistency with the granted Certificate (if any) and
conformity with current conditions of land management and use.
Article 6. Responsibilities of
compilation, update, readjustment of cadastral dossiers
1. The Service of Natural Resources and Environment
shall be responsible for the following tasks:
a) Carry out the measurement and drawing of cadastral
map, land-itemizing books;
b) Direct to adjust, update changes of cadastral
maps land-itemizing books; compile, update and adjust the regular changes of
cadastral dossiers and other documents of the local cadastral dossiers.
2. The land registration office shall be
responsible for the following tasks:
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b) Compile, update, adjust the changes of the
cadastral dossiers in addition to the documents specified at Point a of this
Clause;
c) Provide copies of cadastral maps, cadastral
books, land-itemizing books (digital or paper form) for the People's Committees
in communes, wards and towns (hereinafter referred to as People’s Committees of
communes) to use.
3. Branches of land registration offices shall
fulfill the tasks specified in paragraph 2 of this Article for the entities
using the land, assigned to manage land by the State, owning property on land
under the competence in resolving the registration procedure.
4. For places where land registration Offices have
not been established, the registration Office for land use rights at all levels
shall fulfill the tasks prescribed as follows:
a) Registration Office of land use rights under the
Service of Natural Resources and Environment (hereinafter referred to as
Registration Office of land use rights at province level) shall take charge to
prepare cadastral dossiers; provide documents of cadastral measurement,
cadastral books, land-itemizing books for registration Office of land use
rights under the Division of Natural Resources and Environment (hereinafter
referred to as the registration Office of land use right at district level );
update and adjust the documents of cadastral dossiers specified in point a sand
point b of paragraph 2 of this Article for land plots organizations, religious
institutions, foreign individuals, foreign organizations who have diplomatic
functions, foreign-invested enterprises and Vietnamese settling in foreign
countries to carry out investment project ;
b) Registration Office of land use rights at
district-level shall update and adjust the documents of cadastral dossiers
specified in point a sand point b, Clause 2 of this Article for land plots of
households and individuals, communities and Vietnam residing overseas and
owning houses in Vietnam; provide copies of cadastral maps, cadastral books,
land-itemizing books for People’s Committees of communes to use
5. People’s Committees of communes shall update and
adjust copies of the documents of cadastre measurement, cadastral books,
land-itemizing books managed in accordance with the provisions of this Circular
to use for request of the local land management.
Article 7. Legal
validity of cadastral dossiers
1. Cadastral dossiers shall be a basis to determine
the rights and obligations of land users, owners of property on land, persons
assigned to manage land by the State as prescribed by legislation on land.
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3. If there is a discrepancy between the
information among documents of cadastral dossiers, inspection and compilation
of documents in the cadastral dossiers and registration application shall be
carried out to determine information having legal values as a basis for
adjusting uniformly the cadastral dossiers.
4. If new cadastral map is drawn to replace
documents, measurement figures which were used to register before, determining
the legal value of the information shall be as follows:
a) If the Certificates have been re-issued
according to the new cadastral maps, the information’s legal value shall be
determined according to results of the granted certificate;
b) If the Certificates have not been re-issued
according to the new maps, determining shall be as follows:
- Information on the land users, information on
land use right shall be determined according to the granted Certificate ; If
the granted Certificate does not show the information, It shall be granted
based on cadastral books and registration application for registration ;
- Information on the boundary (shape, size of edge
of the land plot, vertex coordinates of the land plot), the area of the land
plot shall be determined by the new cadastral maps; if the actual boundaries of
the land plot on the new cadastral maps have had changes compared with the
boundary shown on the granted Certificate, the legal information about
boundaries and land use area shall be determined by the granted Certificate.
Chapter II
APPLICATION FOR
REGISTRATION OF LAND, PROPERTY ON LAND, GRANTING CERTIFICATES
Article 8. Application for
registration, granting Certificate of rights to use land, ownership of land and
property on land for the first time
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a) A written form of registration , granting
Certificate of rights to use land, ownership of land and property on land for
the first time in for form No. 04/DDK;
b) One of the documents specified in Article 100 of
the Law on Land and Article 18 of the Government's Decree No. 43/2014 / ND-CP
dated May 15, 2014 detailing the implementation of a number of articles of
provisions of the Law on Land (hereinafter referred to as Decree No. 43/2014 /
ND-CP) for the cases of registration of land use rights
c) One of the documents stipulated in Articles 31,
32, 33 and 34 of Decree No. 43/2014 / ND-CP for cases of registration of
ownership of property on land.
A diagram of houses or construction in case of the
registration of ownership of houses or construction, (unless in the papers of
ownership of houses or construction, there is a diagram in accordance with the
current conditions of the houses, constructions);
d) A report on the review results of the current
conditions of use for the land for domestic organizations, religious
institutions using the land before July 1, 2004 in the Form 08 / DK;
dd) A voucher of financial obligations; papers
relating to the exemption and reduction of financial obligations on land and
property on land (if any);
e) A decision of the Minister of National Defense,
the Minister of Public Security on stationed position or location of
works; a copy of the decision of the Prime Minister for approval of land-use
planning for purposes of National defense and security in the administrative
division of the military zone, in the administrative division of
central-affiliated cities and provinces on which units registering the
certificate are named for People’s armed forces using land for the purpose of
National defense and security, in addition to the papers prescribed at Points
a, b and d of this paragraph ;
g) A contract or written agreement or decision of
the People's Court on determining the limited right to enjoyment for the
adjacent land plots must be presented, enclosed with diagrams showing the
location, area size of the land plots that the users of the adjacent land plots
are entitled to use in limit in case of registration of limited right to
enjoyment for the adjacent land plots.
2. If the land users carry out procedures for land
registration without needs of obtaining Certificate of rights to use land,
ownership of land and property on land, they shall submit an application
including papers prescribed at Points a, d, e, g, and copies of documents
specified at Points b, c and e, Clause 1 of this Article .
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3. Application for registration and granting the
Certificate of rights to use land, ownership of land and property on land for
the first time for property on land of which owner is not the user; additional
registration of property on land of the land users who have been granted the
Certification shall include:
a) A written form of registration , granting
Certificate of rights to use land, ownership of land and property on land for
the first time in for form No. 04/DDK;
b) One of the documents stipulated in Articles 31,
32, 33 and 34 of Decree No. 43/2014 / ND-CP;
c) A diagram of property on land (unless in the
papers of ownership of property on land, there is a diagram of property in
accordance with the current conditions);
d) A granted Certificate in case additional
certification of ownership of property on land;
dd) A voucher of financial obligations; papers
relating to the exemption and reduction of financial obligations on property on
land (if any);
4. Application for registration of land for the case of being assigned to
manage land management shall include:
a) A written form of registration in the Form 04 /
DK;
b) A document of competent State agencies of assigning
land to manage (if any);
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5. Application for registration and granting the
Certificate of rights to use land, ownership of land and property on land to
transferee
of land use rights, buyers of house, and constructions of the
investors for sales shall comply with the provisions of paragraph 3 of Article
72 of Decree No. 43/2014 / ND-CP.
Article 9. Application for
registration of changes in land and property on land
1. Application for transfer of agriculture land use
right of households and individuals to perform "Regrouping of lands"
submitted generally for the households and individuals changing agricultural
land shall include:
a) A written form of reissuing the Certificate in
the Form 10 /DDK of each household and individual
b) An original of the granted Certificate or a copy
of pledged contracts of land use rights for land pledged in credit
institutions;
c) A written agreement on transfer of agricultural
land use rights of households and individuals;
d) A plan for transfer of agricultural land use
rights of the People’s Committees of communes approved by People’s Committee of
districts, towns and cities under provinces ;
e) A report of transfer and receipt of land under
the plan of “regrouping of land" (if any).
2. Application for transfer of agricultural land
use rights which are not in the case of "regrouping the land";
transfer, lease, subletting, inheritance, donation, capital contribution by
land use right, ownership of property on land; transfer of land use rights,
ownership of property on land of either wife or husband to land use rights,
ownership of property on land of both wife and husband shall include:
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If the inheritor of land use right, ownership of
property on land is the only person, a written form of registration of
inheritance of land use rights, ownership of property on land of the inheritor
is necessary ;
c) An original of the granted Certificate
c) A written approval of the competent State
agencies for economic organizations who receive transfer, capital contributions
and lease of agricultural land use right to carry out investment projects;
d) A written consent of the land users which shows
that the owner of property on land may transfer, donate, lease or contribute
capital the property on land in case of transfer, donation, lease, capital
contribution of property on land of which owners are not users.
3. Application for deregistration of lease,
sublease, and capital contribution with land use rights, ownership of property
on land shall include:
a) A written contract liquidation of lease, sublease,
capital contribution with land use rights and property on land or a contract of
lease, sublease, capital contribution with land use rights, property on land of
which liquidation is certified ;
b) An original of the granted certificate for the
case of lease or sublease of the land use rights of investors of infrastructure
construction in industrial zones, industrial complexes, processing and
exporting zones, hi-tech zones, economic zones and capital contribution with
land use right, ownership of property on land.
4. The application for granting Certificate for
transfer of land use rights, ownership of property on land before July 1, 2014
that the licensee has been granted the Certificate but has not transferred the
land use right, ownership of property on land as prescribed shall be as
follows:
a) If land use rights and property on land are
transferred, inherited or donated without the contract or document of transfer
as prescribed, and the transferor do not give the Certificate to the
transferee, the application shall include:
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- A contract or documents of transfer the rights
which have been established under the regulations;
a) If land use rights and property on land are
transferred, donated without the contract or document of transfer as
prescribed, the application shall include:
- A written form of registration for changes in
land and property on land in the form 09/DDK;
- c) An original of the granted Certificate;
- Papers on the transfer of land use rights and
property on land with the signature of both transferor and the transferee .
5. Application for registration of changes of land
use rights, ownership of property on land in settlement of disputes, complaints
and denunciations on land; debt settlement of mortgage contracts, capital
contribution contracts; distraint or auction of land use rights and property on
land for execution; total division, partial division, amalgamation, acquisition
of organization, transformation of the company; consolidation agreement or
division of land use rights and property on land of households, husband and
wife, land user groups shall include:
a) A written form of registration for changes in
land and property on land in the form 09/DDK;
b) An original of the granted Certificate
c) Either of the papers including: A successful conciliation
minute (if conciliation is successful and there is a change in boundaries of
the land plot, the approval decision of the People’s Committee of competent
authorities is necessary) or a decision of the competent State agencies on
settlement of disputes, complaints and denunciations on land in accordance with
law; the written agreement or mortgage contracts, capital contribution
contracts with the agreement contents of handling of collateral, capital
contribution and documents of transfer of handed over collateral, capital
contribution under the agreement; decisions or judgments of the People's Court,
enforcement decision of enforcement agencies with content determining the
owners of the land use rights, ownership of property on land; the written
auction result of land use rights and property on land at the request of the
land users, the property owners or of the People's courts, enforcement agencies
which have enforced; the contract or written agreement of division or
consolidation or transfer of land use rights, ownership of property on land
held in the case of total division, partial division, consolidation,
Acquisition of organization, transformation of Company; the contract or written
agreement of division or consolidation of land use rights, ownership of
property on land of households of husband and wife or the user groups of common
land, owners group of common property on land;
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6. Application for registration of changes in use
of land and property on land due to changing the information on persons who are
issued the Certificate (renaming or legal documents, record papers, address);
reduction in land area due to natural erosion; changes in land use right
restrictions; changes in financial obligations; Changes in property on land
compared with the registered content, granted content of the Certificate shall
include:
a) A written form of registration for changes in
land and property on land in the form 09/DDK;
b) An original of the granted Certificate
c) One of the papers relating to the content of
changes:
- A written approval of competent State agencies
under the provisions of law applicable to changes in names of representatives
of households ;
- A copy of family register in case of changes in
representatives who are heads of households; a written agreement of households
certified by People’s Committees of communes in case of changes in
representatives who are other members of households;
- A copy of ID card or proof of military
and family register or other proof of record change in case of changes in
record information of persons named on the Certificate;
- A written approval of the competent authorities for
changes in legal information in the case of changes in legal information on the
organization stated on the Certificate;
- A written agreement of the community certified by
People’s Committees of communes in case of renaming of communities;
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- A voucher of the payment of financial obligations
in case of issued certificates with a debit or late payment of financial
obligations, unless the land users are exempted or do not have to submit them
due to changes in provisions of law;
- A decision of the competent State agencies on
changes in restrictions on land use rights, ownership of property on land
recorded on the Certificate in case of restrictions according to decisions on
land allocation, land leased, recognition of land use rights; A
written agreement of restriction changes of the related persons who interests,
certified by People’s Committees of communes in case of changes in restrictions
according to the written transfer of land use rights. ;
- A copy of one of the documents stipulated in
Articles 31, 32, 33 and 34 of Decree No. 43/2014 / ND-CP showing the changed
contents in case of changes in information on property on land recorded in the
Certificate.
7. Application for switching from annual land lease
payments to lump-sum payment or from land allocation without land levy to land
lease or from land lease to land allocation with land levy shall include:
a) A written form of registration for changes in
land and property on land in the form 09/DDK;
b) An original of the granted Certificate
c) A land lease contract made;
d) A voucher of financial obligations; papers
relating to the exemption and reduction of financial obligations on land and
assets attached to land (if any);
8. Application for registration of establishment
the limited right to use the adjoining land plot after being granted the
Certificate for the first time and registration for changes, termination of the
limited right to use the adjoining land plot shall include :
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b) An original of the granted Certificate of one
party or involved parties;
c) A contract or written agreement or decision of
the People's Court on the establishment or change or termination of the limited
right to use the adjacent land plot;
d) A diagram of location, area size of land plot
that the user of the adjacent land plot are entitled to use in limit.
9. Application for extension of land use outside
the hi-tech zones, economic zones shall include:
a) A written form of registration for changes in
land and property on land in the form 09/DDK;
b) An original of the granted Certificate
c) A copy of the additional investment Decision or
investment license or investment certificate showing the term or adjusted the
term in accordance with time for extension of land use in case of use of land
of organizations, foreign institutions having diplomatic functions,
foreign-invested enterprises and overseas Vietnamese carrying out the
investment project ;
d) A vouchers of financial obligations; (if any)
10. Application for certification of continuous use
of agricultural land of households and individuals upon expiration of land in
case of demand shall include:
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b) An original of the granted Certificate
11. Application for division or consolidation of
the land plot:
a) A written form of division or consolidation of
the land plot in Form 11 / DDK;
b) An original of the granted Certificate
12. Application for registration of mortgages,
mortgage deregistration shall comply with regulations on registration of
security transactions.
If leasing, subleasing the land of investors of
infrastructure in industrial zones, industrial complexes, processing and
exporting zones, hi-tech zones, economic zones leased by the State and lease payments
are paid annually, the users of the lease or sublease land make a lump-sum
payment before July 1, 2014, the application for mortgage registration must
include proof of investors on having paid the land rents into the budget that
the lessee, sub lessee make a lump-sum payments.
Article 10. Application for
replacement, reissuance, revision and revocation of Certificates
1. Application for replacement of the Certificate,
Certificates of ownership of houses, Certificates of ownership of constructions
shall include:
a) A written form of replacement of the Certificate
in the Form 10 /DDK;
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c) A copy of the mortgage contract of land use
rights and property on land instead of the original issued Certificate issued
in case of replacement of the Certificates after regrouping of lands, measuring
and drawing the cadastral map but the issued Certificate is mortgaged in credit
institutions;
2. Application for reissuance of the Certificate,
Certificates of ownership of houses, Certificates of ownership of constructions
shall include:
a) A written form of reissuance of the Certificate
in the Form 10 /DD
b) A written certification of the People’s
Committees of communes on listing a notice of Certificate loss within 15 days
for households and individuals; a proof of posting 03 times on local means of
mass media on loss of the Certificates to organizations, religious
institutions, foreign individuals, foreign organizations having diplomatic
functions, foreign-invested enterprises and oversea Vietnamese carrying out the
investment project; a written certification of People’s Committees of communes
on such natural disaster or fires in case the Certificate is lost due to
natural disasters, fires, .
3. Application for revision of the Certificate,
Certificates of ownership of houses, Certificates of ownership of constructions
shall include:
a) A written form of revision in case the land
users or the property owners detect errors in the issued Certificate,
Certificates of ownership of houses, Certificates of ownership of constructions
b) An original of the granted Certificate
4. Application for revocation of the issued
Certificate, Certificates of ownership of houses, Certificates of ownership of
constructions which do not comply with the provisions of the legislation of
land at Point d, Clause 2 of Article 106 of the Law on Land shall be stipulated
as follows
a) If the land users or the owners of property on
land detect contents of the issued Certificate which do not comply with the
provisions, the application shall include:
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- c) An original of the granted Certificate;
b) If the regulatory agencies detect the issued
certificate which do not comply with the provisions, the persons issued the
Certificate shall submit the issued Certificates under the decision of the
competent State agencies.
Article 11. Submission of
papers for registration, granting Certificate of rights to use land, ownership
of land and property on land.
1. Receivers of application for registration or
issuance of the Certificate must not request the land users or owners of
property on land to submit additional documents other than the documents which
must be submitted under provisions of Articles 9 and 10 of this Circular.
2. When submitting documents of land use rights,
ownership of property on land as stipulated in Article 100 of the Law on Land,
Articles 18, 31, 32, 33 and 34 of Decree No. 43 / 2014 / ND-CP (if any) for
initial registration procedures or change registration in accordance with the
provisions of Articles 8, 9 and 10 of this Circular, the applicant may choose
one of the following forms:
a) Submission of copies of notarized or certified
true papers in accordance with the legislation on notarization and
authentication;
b) Submission of copies of papers and presenting
the original for receivers to check, compare and certify the copies;
c) Submission of the original of papers.
3. In case of submission of copies of the documents
stipulated in point a sand point b, Clause 2 of this Article, upon the receipt
of the Certificate, the certificate grantee must submit the original of papers
on land use rights, ownership of property on land to the Certificate grantor to
keep under the provisions of this Circular; unless the papers are the
construction licenses; approval decision of investment projects, investment
decisions, investment licenses, certificates of investment.
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a) Submission of copies of notarized or certified
true papers in accordance with the legislation on notarization and
authentication;
b) Submission of copies of papers and presenting
the original for receivers to check, compare and certify the copies;
c) Submission of the original (in case of two
originals).
Article 12. Forms of papers
for registration for issuance of Certificate of rights to use land, ownership
of land and property on land for the first time
1. Forms of books used in the registration shall
include:
a) Cadastral books (electronic): Form No. 01 / DDK;
b) Receipt and result return books of registration
for issuance of Certificate of rights to use land, ownership of land and
property on land: Form No. 02 / DDK;
C) Issuance books of Certificate of rights to use
land, ownership of land and property on land: Form No. 03 / DDK;
2. Forms of papers for registration for the first
time shall include:
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b) A list of the common users of the land plot,
common owners of property on land (enclosed with a written form of registration
for issuance of Certificate): Form No. 04b/ DDK;
c) A list of agricultural land plot of the user who
is also assigned to manage it (attached a written Form of Registration for
Certificate): Form No. 04c/ DDK;
d) A list of the property on land on the same land
plot (enclosed with a written form of registration for issuance of
Certificate): Form No. 04d/ DDK;
dd) An opinion form of neighborhoods of the origin
and use of land: Form No. 05/ DDK;
e) A public list of inspection results of
application for registration of issuance of Certificate of rights to use land,
ownership of land and property on land: Form No. 06/ DDK;
g) An opinion form of certificates of ownership of
property on land: Form No. 07/ DDK;
h) A report on the review results of the current
conditions of use for the land of organizations, religious institutions and a
statistical table of the land plot: Form No. 08/ DDK;
3. Forms of papers of registration for changes
in land and property on land enclosed with this Circular shall include:
a) A written form of registration for changes in
land and property on land Form No. 09/ DDK;
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c) A written form of division or consolidation of
land plot: Form No. 11/ DDK;
d) A notification of updating, adjusting cadastral
dossiers: Form No. 12/ DDK;
dd) A decision on the extension of the land use of
People’s Committee: Form No. 13/ DDK;
4. The content and form of the book, documents, and
papers specified in Clauses 1, 2 and 3 of this Article shall be specified in
detail in Appendix No. 01 enclosed with this Circular.
5. The land users, the owners of property on land
shall use forms defined in paragraph 2 and paragraph 3 of this Article on the
electronic information pages of the Ministry of Natural Resources and
Environment or the General Department of Land Administration to make
application for registration.
Chapter III
CONTENTS OF
CADASTRAL DOSSIERS
Article 13. Data
group on land plots
Data group on land plots shall include data which
can be defined and shown in accordance with the following provisions:
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a) Map numbers are ordinal numbers of the cadastral
maps or the cadastral measurement excerpt within each commune-level
administrative units;
b) Land plot numbers are ordinal numbers of the
land plots on each map or the cadastral measurement excerpt in which include
the land plot; if the cadastral measurement excerpt has only one land plot, the
land plot number shall be "01".
2. Address data of land plots shall include: House numbers,
street names (if any); place names (villages, hamlets and population groups,)
or area names (for land plot outside residential areas); names of
administrative units at commune, district and province level where the land
plot is located.
3. Data in boundaries of the land plot shown on the
cadastral maps shall include: shape, size of edge and vertex coordinates
of the land plot; at least the shape and size of edge for the cadastral
measurement excerpt.
Determining and showing the boundaries of the land
plot shall comply with the provisions on the establishment of cadastral maps of
the Ministry of Natural Resources and Environment.
4. Data on land plot area shall be determined and
shown on the cadastral dossiers in units of square meters (m²), rounded to one
decimal number.
5. Data on measurement material shall include: Name
of used measurement material (cadastral map or the cadastral measurement
excerpt,), the date of completion of measurement.
Article 14. Data group on
trespassed land
Data group on trespassed land shall include data
which can be defined and shown in accordance with the following provisions:
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2. Number data of the trespassed land shall
include:
a) Number of map which includes the trespassed
land;
b) Number of trespassed land on each map which is
numbered according to the regulations on drawing the cadastral map of the
Ministry of Natural Resources and Environment.
3. Data on the boundaries of the trespassed land
shall be determined and shown under the provisions on drawing cadastral maps of
the Ministry of Natural Resources and Environment.
4. Data on area shall be determined and shown for
land on each map according to unit m².
Article 15. Data group on
land users and owners of property on land, land managers
Data group on land users and owners of property on
land, land managers shall include data determined and shown under the following
provisions:
1. Code data on the land users, owners of property
on land, persons assigned by the State to manage land shall be shown on the
land-itemizing books in accordance with the provisions of land statistic and
inventory of the Ministry of Natural Resources and Environment.
2. Name data on the land users, owner of property
on land, land managers shall be determined and shown under the following
provisions:
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Foreign individuals or oversea Vietnamese
(including those who are inherited or donated the land or house but are not
entitled to buy houses in Vietnam), words "Mr" (or "Mrs."
), and the full name, year of birth, nationality according to their passport
must be recorded;
b) For households, the following information shall
be shown: "Mr" (or "Mrs."), then the full name, year of
birth, name and number of record papers of the head of households as provided
in Point a of this Clause; permanent residence of the household. If the head of
the household does not have the right to use the common land of the household,
the representatives who are other members of the household and have rights to
use the common land of the household shall be recorded .
If the head of the household or other
representatives of the household who have spouses being entitled to use common
land , full name, year of birth of the such spouses shall be recorded;
c) For the couples shared common property which is
land use right, ownership of property on land, the following information shall
be shown: name, year of birth of both husband and wife and the marital relation
between them
If the written agreement of both spouses is only
recorded the name of the wife or husband (certified true by the commune-level
People's Committees of the registered place of residence), the name of either
of them under such written agreement shall be recorded ;
d) For domestic organizations, the full name of the
organization according to papers on the establishment, certification or
business registration of the organization (if any) shall be recorded;
dd) For foreign-invested enterprises, oversea
Vietnamese carrying out investment projects in Vietnam, the full name of the
legal entities carrying out the investment projects under the investment
license or the Business registration certificate such legal entities shall be
recorded;
e) For foreign organizations with diplomatic
functions, the full name of the organizations according to the documents of the
competent State agencies on allocation or lease of land or on the
establishment, licensing the organizations or signed documents between the two
Governments shall be shown;
g) For the religious institutions, the full name
that the religious institutions have registered certified by the People’s
Committees of communes or the local State management agencies of religion shall
be shown;
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i) For many organizations, households and
individuals commonly using land and commonly owning property on land (referred
to as group of land users and owner of property on land), the name of each
organization, household and individual shall be shown as prescribed at Points
a, b, c, d, e, f, g and h of this paragraph.
If the group of the land users, group of owners of
property on land has a written agreement (notarized or certified trued as
prescribed by law) to appoint a representative to name, the name of the
representatives as prescribed at Points a, b, c, d, e, f, g and h of this
Clause shall be shown; then the phrase "representatives of the group of
land users" or "representatives of the group of owners of property on
land," according to such written agreement shall be added;
k) For many legal heirs all of whom are not
determined, the names of the determined heirs shall be shown; then the phrase
"and some other heirs who have not been identified" shall be added;
l) For condominium for sale or sale lease, when the
first apartment is registered to transfer, the phrase "along with the
owners of the building apartment shown in detail at the in registration section
of the builing apartment " shall be shown.
If the investor has sold all condominium area, the
phrase "belong to the owners of the apartment building shown in detail in
the registration section of the apartment building’’ shall be shown.
3. Data on legal documents (for organizations) or
record papers (for individuals, representatives of households ) shall be shown
in accordance with the following provisions:
a) For individuals, representatives of households
and their spouse, the information on the ID card or ID military card (if any)
shall be shown, including: Name of the card ( ID card or ID military card) and
number of the card; in case of no card, information on the birth certificate
(name and number of the birth certificate) shall be shown;
b) For foreign individuals or oversea Vietnamese
(foreign nationality) owning houses in Vietnam, the following information shall
be shown: Name of document (passport); number, date of issuance, and the
nationality of such people. For oversea Vietnamese who have both Vietnamese
nationality and foreign nationality, the information in passport or information
under the provisions of point in this paragraph shall be shown;
c) For domestic organizations, the following
information shall be shown: Category of paper; number, date of signing,
authority signing documents as a basis for determining the name of the
organizations (such as the establishment decision, the reorganization decision
or the Business registration certificate of the organization - if any);
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4. Address data on the land users, owner of
property on land, land managers shall be shown under the following provisions:
a) Address data shown shall include: house number
or apartment number (if any); lane name, street name or name of population
group, hamlet, village; administrative at commune, district and province
levels;
b) For individuals and households, the registration
place of permanent residence shall be shown;
c) For organizations, the address of the head
office which registered by such organizations shall be shown;
d) For foreign individuals or oversea Vietnamese
owning houses in Vietnam, temporary residence address in Vietnam of
such people shall be shown;
dd) For communities, public address of such
communities shall be shown.
5. If oversea Vietnamese are inherited or donated
the land use right, ownership of houses and other property on land but are not
entitled to buy a house associated with ownership land in Vietnam in accordance
with the legislation on house, the restriction of land use right shall be shown
in accordance with paragraph 6 of Article 16 of this Circular.
Article 16. Data group on land
use right, land management right
Data group on land use right shall include data
which can be defined and shown as follows:
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a) Form of private land use shall be shown in the
land plot is under the right to use of a land user (an individual or a
household, a community, a domestic organization, a religious institution, a
foreign individual, a foreign organization, an oversea Vietnamese), including
common rights to use land of husband and wife;
b) Form of common land use shall be shown in case
the land plot is under the right to use of many land users (many individuals
who are not in the same household or many households or many couples or many
organizations or all of individuals, households, organizations);
c) If the land plot has the area under the common
use of many land users and the area under private use of each land user, each
part of the common use area and names of users shall be determined and shown ;
each part of the private use area and the name of the persons who have right to
use land shall be recorded.
2. Data on land category including land name and
code (symbol) shall be shown in accordance with the following provisions:
a) Land category shall be determined and shown by
the name in cadastral books and code in cadastral maps and land-itemizing books
for each land plot, trespassed land ;
b) Category of land shall be shown in cadastral
books under the use purpose of land allocated, leased, recognized the right to
use, allowed to change the land use purpose or assigned to manage by the State
. If the land is registered the first time but has not certified its land use
right by the State , category of land under the current conditions of use at
the time of registration shall be determined and shown Categories of land shown
shall include:
- Agricultural land, including land of the
following categories: rice-farming land; one-crop-a-year rice-farming land,
upland rice land; land for cultivation of annual crops; land for growing
perennial trees; production forest land; protective forest land; special-use
forest land; aquaculture land; salt-making land; other agricultural land
- Non-agricultural land, including land of the
following categories: rural residential land ,urban residential land; land for
construction of offices; defense and/or security land; land for construction of
offices of non-business facilities; land for construction of cultural
facilities; land for construction of medical facilities; land for construction
of educational and training facilities; land for construction of sport and
physical facilities; land for construction of science and technology
facilities; land for construction of social service facilities; land for
construction of diplomatic facilities; land for construction of other
non-business facilities; industrial zone land; industrial complex land;
processing and exporting zone land; commercial and service land; land for
construction of non-agricultural production facilities; land for mineral
operation ; land for production of building materials and pottery-making ; land
for transportation; land for irrigation ;land with
historical and cultural relics;land with scenic places;land for
community operation; land for amusement and public recreation parks; land for energy
construction ;land for post and telecommunication construction; market
land; land
for disposal sites, waste treatment;land for other
public construction; land for religious establishment; land for belief
establishment; land for cemeteries, grave-yards or land for cemeteries,
grave-yards , crematory or land for crematory
or land for funeral parlors ; river, arryo, canal, trench, stream and
special-use water surface land; other non-agricultural land
- Group of unused land shall be shown for the case
of registered land allocated to manage by the State, including: unused Land;
Unused hills; rock without forest;
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d) Land category code shown in land-itemizing books
and cadastral maps shall be complied with provisions on cadastral maps and be
explained in accordance with land statistics and inventory of the Ministry of
Natural Resources and Environment ;
dd) If the land plot is allocated , leased,
recognized the land use rights by the State simultaneously in many different
purposes without distinguishing between the purposes, all purposes shall be
shown . If the land plot is used for multiple purposes which include main and
additives purposes, the word"(main)" or "(additional)"
shall be recorded after each purpose. Example: "Rice-farming land (main);
aquaculture land (additional) ".
The land plot with pond garden attached with house
in residential areas without being recognized the whole land plot as
residential land, the area shall be determined according to each purpose:
Residential land and agricultural land according to the use current conditions(
annual crop land or land for perennial perennial crops, aquaculture land).
3. The data on land use term shall be shown as
follows:
a) The data on land use term shall be determined
and shown in agreement with the certificate;
b) Where the term land is uses, the following
information shall be shown : Date of expiration of land use;
c) If the land is in use of long-term stability,
the words: "Long-term" shall be shown ;
dd) If the land plot is allocated , leased,
recognized the land use rights by the State simultaneously in many different
purposes each of which has a different term, the use term corresponding to each
purpose shall be shown;.
dd) If the land plot has gardens, ponds attached
with houses in residential areas and the area of residential land recognized is
smaller than that of the land plot, land use term for the residential land is
"long-term"; the use term for gardens and ponds unrecognized as
residential land shall be determined as stipulated by the Law on Land for
agricultural land which is being used;
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g) If the land plot has many area parts with
different land use term, the use term corresponding to each that part of area
shall be determined and shown;
h) If the land assigned to be managed by the State
is registered, the written assignment of management shall be based to show; if
there is no written assignment of land management or there is no term in the
written assignment of land management, the word "Undetermined" shall
be shown.
4. Data on origin of land use shall be
determined and shown in the names and codes in accordance with the following
provisions:
a) In case the State allocates land without
collecting land levy, the name : “the State allocates land without collecting
land levy’’ and the code "DG-KTT" shall be shown;
b) In case the State allocates land with collection
of land levies (including cases of allocation through auction of land use
rights, in case of purchase of apartment of investors allocated land with collection
of land levies and re-allocation of land by the management board of hi-tech
zones, economic zones ), the name "the State allocates land with
collection of land levies" and the code "DG-CTT" shall be shown;
c) In case the State lease the land with lump-sum
payment (including cases of land lease through auction of land use rights or
being recognized the land use right by the State in the form of land lease and
being leased the land with lump-sum payment by the management board of hi-tech
zones, economic zones), the name "the State lease the land with lump-sum
payment" and the code "DT-TML’’ shall be shown;
d) In case the State lease the land with annual
payment (including cases of land lease through auction of land use rights or
being recognized the land use right by the State in the form of land lease and
being leased the land with annual payment by the management board of hi-tech
zones, economic zones), the name "the State lease the land with annual
payment" and the code "DT-THN’’ shall be shown;
dd) In case the State recognizes the land use right
under regulations of allocation with collecting land levy( including that
households and individuals use residential land, non-agricultural business,
production land without payment of land levy when being granted the
Certificate), the name "Recognition of rights of land allocation with
collection of land levy" and the code "CNQ-CTT" shall be shown;
e) In case the State recognizes the land use right
under the regulations of land allocation without collocating land levy, the
name "Recognition of rights of land allocation without collection of land
levy" and the code "CNQ-KTT" shall be shown;
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In case the land is registered, the certificate is
granted but the use origin is not shown, the application for granting the
Certificate and provisions of legislation on land at the time of registration
of changes , replacement and reissuance of the Certificates shall be based on
to determine and show the use origin of land under the provisions of this
Circular;
h) In case the land use rights are received from
transfer, the transfer form shall be shown (in case of receipt of change,
transfer or inheritance or donation, capital contributions) or the words
"receipt of right transfer " and its basis shall be shown (in case of
winning the auction, mortgage settlement, dispute resolution and settlement of
complaints or denunciations, implementation of the decision or judgment of the
People's Court, implementation of enforcement decisions, ...); the use origin
of land as on the granted Certificate for the first time shall be shown next
under the provisions of this Circular. Cases of receipt of transfer shall be
shown in a common code "NCQ" with the source code as on the
certificate granted the first time. Example: " Receipt of transfer of land
allocated without collection of land levy by the State (NCQ-DG-KTT)";
"Receipt of transfer due to dispute settlement of land allocated without
collection of land levy by the State (NCQ-DG-CTT)".
In case land use right is received from transfer to
be used for other purposes and procedures for transfer of land use purpose are
carried out, the origin of land use in the form of implementation of financial
obligations to the State after the purpose of land use is changed shall be
shown;
i) In case the land use purpose is changed and the
land levy is paid, showing shall comply with provisions for cases the State
allocates the land with collection of land levy; in case the land use purpose
is changed and the land levy is paid, showing shall comply with provisions for
cases the State leases the land; in case the land use purpose is changed and
the land levy is not paid and is not changed the land lease showing shall be as
registered, granted the Certificate before the land use purpose is changed;
k) In case the land is leased or subleased with
lump-sum payment of the investor of infrastructure construction in industrial
zones, industrial complexes, processing and exporting zones, hi-tech zones and
economic zones, the words "Land lease of industrial zones( or industrial
complexes, processing and exporting zones…) with lump-sum payment” and the
code" DT-IZ-TML " shall be shown.
In case the land is leased or subleased with annual
payment of the investor of infrastructure construction in industrial zones,
industrial complexes, processing and exporting zones, hi-tech zones and
economic zones, the words "Land lease of industrial zones( or industrial
complexes, processing and exporting zones…) with annual payment” and the
code" DT-KCN-THN " shall be shown.
l) If the land plot has many area parts with
different land use origins, each origin and the land under such origin shall be
shown;
m) In case the land which is being used and its
user does not have legal papers on the origin of land use and has no need of
the Certificate or is ineligible for the Certificate is registered , the origin
according to actual use including the following information: The start time of
using the land for registered purposes and land use reasons. For example:
"Use of land since 1984, due to self-exploitation (left by his father,
transferred, allocated by the State without land levy)";
n) In case land allocated by the State to manage is
registered the words "State allocates to manage" and the code
"DG-QL" shall be shown.
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a) Data on financial obligations for payable
financial obligations shall include land levy, land rents, income tax from land
use right transfer, registration fees;
b)The data content shall be shown as follows:
- If the financial obligations have been fulfilled,
information including: type of payable financial obligations; payable amount,
paid amount and payment date shall be shown. If the State leases land with
annual payment, the words: “Annual land rent payment” shall be shown;
- If the financial obligations is exempted , the
payable financial obligations , payable amount ( if determined) shall be shown;
the words “ exempted from payment under the ... (Name and number, date and
signing agenicies of the written exemption) shall be shown next;
- If the financial obligations is exempted , the
unplayable financial obligations shall be shown ; the words “ under the
provisions in ... (Name and number of the provisions) shall be shown next;
- If the financial obligations is reduced , the
payable financial obligations , payable amount ; reduced amount (the % or
years) and the legal basis (name and number, date and signing agencies of the
written reduction of the financial obligations); paid amount ,paid date(except
for payment of annual rent) shall be shown ;
c) The contents of the data for case financial
obligations are owned to the state shall include: Type of owned financial
obligations ; owed amount (in figures and words) and legal documents to
determine the owned amount (name, signing dated, signing competent authority)
for the case determined by competent agencies in collecting financial
obligations (if any). Example: "Owning the land levy" or "Owning
the land levy, amount: VND 200,000,000 (Two hundred million dong) under
Notification No. 15 / TB-CCT date October 20, 2013 of Tax Department ".
If the owned amount has been forgiven in accordance
with the law or under the decision of the competent authorities in collecting
financial obligations, the forgiven financial obligations ; forgiven amount (if
forgiving a portion of the debt); legal basis for forgiving (name and number,
signing date, signing competent authority ) shall be shown.
If the land user has been paid the full owned
amount, the type of fulfilled financial obligations; paid amount ; payment
vouchers (name and number, signing date of payment vouchers). For example:
"Having fully paid the owned land levy, paid amount : VND 200,000,000(two
hundred million), according remittance bills No. 006523 dated May
23.1998"; shall be shown
...
...
...
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dd) In case the land allocated by the State to
manage is registered, the word “ undetermined” shall be shown.
6. Data on land use right restrictions shall be
shown in the restricted land scope and content of land use right restrictions
as follows:
a)Data on land use right restrictions shall be
shown in case of : the land plot in project safety corridor; in the
decisions on land allocation , land lease and change of land use purpose or
papers of receipt of the use right with restriction contents of land use rights
compared with the provisions of law; land registration without being but is not
recognized by the State of land use rights; Oversea Vietnamese inherited or
donated of land use right, ownership of property on land but not entitled to
own houses in Vietnam;
b) The scope of restricted land of land use right must
clearly indicate that the entire of land plot or a portion of it. In case of
restriction of the use right on a portion of the land plot, in addition to the
area of restriction land in the cadastral book, the location and boundaries of
the land with restrictions on the map, land plot diagram shall be shown ;
c) Restriction contents of land use right shall be
shown as follows:
- In case of in the decisions on land allocation ,
land lease and change of land use purpose or papers of receipt of land use right
with restriction content of land use right , the words: "land plot (or
land plot with ... m² (if a part of the plot is restricted)) ... (write
restrictions content under current documents) according to ... (name on
document of restriction content) " shall be shown;
- In case the land plot or a portion of the land
plot is in the project safety corridor, the words : "land plot (or land
plot with ... m² (if a part of the plot is restricted)) in project safety
corridor ... (name of the protect with the safety corridor) " shall be
shown;
- If the land is registered without being
recognized its land use right by the State ,the words : " the status quo
of land use must be maintained until the State has decision to handle";
- If an individual or a couple or either of them
(wife or husband) is oversea Vietnamese who is inherited or donated the land
use right , ownership of property on land but not entitled to own houses in
Vietnam and has not transferred the land use rights, ownership of property on
land, when the land is registered for that person, the restrictions (name of
person who is not entitled to own house ) “ oversea Vietnamese not entitled to
own houses in Vietnam " must be shown;
...
...
...
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7. Data on restriction use right for the adjacent
land plot shall be shown for both land plot enjoyed the restriction use right
and land plot providing restriction use right as follows:
a) The registration part of the land plot entitled
to restriction use on another land plot, the words "being entitled to...
(content of the restriction use rights) on land plot number ... under ... (name
of the document establishing the restriction use right) date ... / ... / ..
" shall be shown;
b) The registration part of the land plot
restricted the use rights, the words "allowing the user of the land plot
number...to…. (content of the restriction use rights) on land plot
number ...(number of the land plot of the party restricted the use right) under
... (name of the document establishing the restriction use right) date ... /
... / .. " shall be shown;
c) If there is a restriction on a portion of the
land plot, in addition to restriction content on the cadastral book land the
location, the area entitled to restriction on the map , land plot diagram shall
be shown;
d) If the land plot does not have restrictions for
the adjacent land plot, the sign: "- / -" shall be shown;
Article 17. Data group on
property on land
Data group on property on land determined and shown
shall include:
1. Type of property shall be shown as follows:
a) In case of house, types of house such as:
Individual houses, condominiums shall be shown
...
...
...
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In case of construction works with many different
items, the name of each item shall be shown in accordance with the approval
decision of the detailed project, approval of construction planning or
investment decisions or investment licenses;
c) In the case of production forests being planted
forests, the words "production forests being planted forests " shall
be shown;
d) In case of the property being perennial plants,
the words "Perennial plants" shall be shown.
2. Characteristics of property shall be shown as
follows:
a) For individual houses, the information shown
shall include:
- Building area: premises area occupied housing in
the position of contact with the ground under the outer edge of the wall shall
be shown in Arabic numerals in units of square meters, rounded to one decimal
number ;
- Number of floors: the total number of floors
shall be shown;
- Floor area: Arabic numerals in units of square
meters, rounded to one decimal number shall be shown. For one-story house, its
premises area of building floor shall be shown. For many-story house, the total
premises area of the building floor of the stories;
- House structure: Types of construction materials
(brick, concrete, wood ...), the main structure being wall, frame, floor and
roof. Example: "Wall, frame, reinforced concrete floor; tile roof "
shall be shown;
...
...
...
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b) For condominiums, mixture house registered by an
owner when the apartments have not sold, showing shall comply with separate
houses specified at Point a of this Clause, in which the floor area shows the
total construction floor area of the condominium
If the investor registers for granting separately
the Certificate for each apartment , he/she shall register for each apartment
in the apartment registration part as prescribed in paragraph 6 of this
Article; at registration part of land plot as condominium, only floor area
where the investor retains to use and the area of items that investors have the
right to share with the purchaser shall be shown ;
c) For other constructions works other than house,
the information for each work item shall be shown as follows:
- Building area: premises area occupied of the work
in the position of contact with the ground under the outer edge of the wall
shall be shown in Arabic numerals in units of square meters, rounded to one
decimal number ; For underground works , construction premises area of the work
shall building works shown;
- Floor area (or power) shall be shown in
accordance with the following provisions:
For housing works, provisions for individual houses
at point a of this paragraph shall be complied to show;
For other building works, the capacity of the works
in accordance with the approved investment decisions or investment project or
investment certificate or investment license. Example: "thermo-electric
plants: 3,000 MW, stadium: 20,000 seats";
- Structure: Types of construction materials of the
structure mainly including wall, frame, floor, roof. Example: "Brick wall,
frame, reinforced concrete floor; corrugated
iron roof " shall be shown;
- Number of floors: the total number of stories for
the housing works shall be shown; if the works are not housing, the sign
"- / -" shall be shown;
...
...
...
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- Type of forest trees: types of forest trees grown
primarily shall be shown; If many types of trees are grown, each of main type
shall be shown;
- The forest area: Forest area under the ownership
of the person granted the Certificate shall be shown in Arabic numerals in unit
of m²;
- The origin shall be shown as follows:
In case the forest is allocated with collection of
money by the State, the words "allocated with collection of money by the
State , under the forest allocation dossier number ... (number of forest
allocation dossier stored in State management agencies in forestry - if any)
" shall be shown;
In case the forest is allocated to households and
individuals, communities without collection of money by the State, the words
"allocated without collection of money by the State , under the forest
allocation dossier number... (number of forest allocation dossier stored in
State management agencies in forestry - if any) " shall be shown;
If the forest grown by the requester of the
Certificate by capital other than capital from the State budget, the words
“self-grown forest" shall be shown;
If the forest has many origins for each area
part, each origin and its forest shall be shown;
dd) Property being perennial plants shall be shown
as follows:
- Type of plants: types of grown perennial plants
shall be shown; If many types of perennial plants are grown, each of main type
of perennial plants shall be shown;
...
...
...
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3. Owner: information about the owner of property
on land shall be shown as defined in Article 15 of this Circular.
4. Ownership shall be shown as follows:
The words "private ownership" shall be
shown for the case of property owned by one owner; "common ownership"
shall be shown for the case of property owned by many owners; If a property
with private ownership and common ownership, each form of ownership and the
area corresponding to such form of ownership shall be shown. Example:
"Private ownership of 250,5m²; common ownership of 80,5m² "; If a
property has various common ownership of different owners, the name of the
owners enclosed with each area of common ownership shall be shown.
5. Duration of ownership shall be shown as follows:
a) If houses or other property with duration are
bought as prescribed by law, the date of expiration of ownership under the sale
contract or in accordance with the legislation of house shall be shown;
b) If property on leased or borrowed land from
other land uses is owned, date of expiration of lease, borrowing shall be
shown;
c) Other cases of indefinite duration of property
ownership shall be shown in “- / -".
6. Properties being apartments, offices, service -
trade facilities in condominiums, mixture house sold to the buyer shall be
shown as follows:
a) Name of Property:
...
...
...
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- If Properties are apartments, offices, service -
trade facilities in condominiums, mixture house, the name by using practical
purposes stated in the sale contract shall be shown. For example:
"shopping mall", "office";
b) Condominium: Name of the apartment, mixture
house and address (house number, street name (if any); and the name of the
administrative unit of the commune, district, province level) where the
apartment, mixture house is located ...shall be shown;
c) Owner: Information about the owner of the
apartment shall be shown as defined in Article 15 of this Circular.
d) Floor area: floor area of apartments, offices,
service-trade facilities(referred to as apartments)shall be shown under the
signed sale contract or as-built drawing for the case of investors; shown unit
shall be in Arabic numerals of square meters (m2), rounded to
one decimal number
dd) Form of ownership of apartment: The words
"private ownership" shall be shown for the case of apartment owned by
one owner; "common ownership" shall be shown for the case of
apartment owned by many owners; If the apartment with private ownership and
common ownership, the words "Private ownership: ... m² (floor area of the
apartment and names of owners of private ownership), common ownership: ... m² (
floor area of apartment under common ownership) " shall be shown;
e) Items of common ownership outside the apartment:
each item that the owner of the apartment share with are other apartment owners
and the area enclosed with each item(if any) under the sales contract of the
apartment. Example: "Common corridor of 120m², community meeting rooms
100m², lift";
g) Duration of ownership shall be shown as follows:
- a) If houses with duration are bought as
prescribed by law, the date of expiration of ownership under the sale contract
or in accordance with the legislation of house shall be shown;
- The other cases shall be shown in : "- /
-".
...
...
...
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Data group on legal status of land use right, land
management right, ownership of property on land shall be determined and shown
as follows:
1. Data on the registration for showing following
information shall be as follows:
a) Time of receipt registration application: date
of receipt of satisfactory application of the competent authority shall be
shown;
b) Time of registration in cadastral book: date of
recording the registration content in cadastral book of Land registration office,
Branch of land
registration office, or registration Office of land use rights at all
levels (hereinafter referred to as Land Registration agencies) shall be shown;
c) ordinal numbers of the application for
registration as prescribed at Point b, Clause 2, Article 30 of this Circular.
2. Data on legal papers on the origin and change of
land use right, ownership of property on land shall be shown as follows:
a) The legal papers shall include:
- Legal papers on origin of land use including
decisions on land allocation, land lease and change of land use purpose, land-use
extension; decision on land management assignment or other legal documents
specified in Article 100 of the Law on Land and Article 18 of Decree No.
43/2014 / ND-CP;
- Legal papers on the ownership origin of property
on land specified in Articles 31, 32, 33 and 34 of Decree No. 43/2014 / ND-CP;
...
...
...
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- Documents of settlement of disputes and
complaints about land and property on land of the competent authorities which
take effect; Documents of winning the auction of land use rights, ownership of
property on land;
- Contract or written agreement of restriction
right to use the adjacent land plot;
- Granted old certificate in case of replacement of
certificate ;
b) Data on legal papers shall include name;
numbers, signs and signing date, signing agency for the papers granted by the
State agency or one of involved the parties being signing state agencies ;
c) If many legal papers on the origin of land use
and ownership of property on land are registered, documents as a direct basis
for registration, granting the Certificate or registration for changes shall be
shown;
d) If there are no legal papers on the origin of
land use, the words "no legal papers on the origin" shall be shown.
3. Data on Certificate shall be shown as follows:
a) Data on the certificate shall be shown for the
certificate issued for the land user, the owner of property on land, except for
revoked certificates.
In case of replacement, reissuance of the
Certificate, recording shall be in accordance with the replaced, reissued
certificate. The old issued certificates shall be updated on the type of data
specified in point a sand point b, Clause 2 of this Article;
...
...
...
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c) If no certificate is granted, the word
"Ineligible for being granted." Shall be shown. If the land user
needs no Certificate, the words: "No request for Certificate." shall
be shown
In case the land allocated to manage, the word
“Under no case of being granted the Certificate” shall be shown
Article 19. Data
group on change in the land use and ownership of property on land
Data group on change in the land use and ownership
of property on land shall include data determined and shown under the following
provisions:
1. Data on time of change registration: Date of
updating and adjusting changes in cadastral book.
2. Data on change content shall be shown as
follows:
a) in case land use right is leased, subleased, the
words " ... (name and address of the lessee, sublease) lease (or lease)
... m² of land, according to application No ... (code of registration
application) " shall building works shown.
In case property on land is leased, the words
" ... (name and address of the lessee,) lease ... m² (name of the type of
property on lease land and leasing area if any), according to the application
No... (Code of registration application) “Shall be shown.
In case investor of infrastructure construction in
leased, subleased industrial zones, industrial complexes, processing and
exporting zones, hi-tech zones, economic zones, the words " Lease (or
sublease) ... (name and address of the lessee, sublesee)... the land plot
number….., area……m2, granted certificate with serial
number….. And number of book of granting certificate ..., according to the
application number... (Code of registration application) “Shall be shown.
...
...
...
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b)In case land use right, property on land is registered
for mortgage, the words "Mortgaged by ... (name of the collateral being
land use rights or property on land or land use rights and property on land or
property on land in the future) at ... (name and address of the mortgagee)
according to the application No ... (code of registration application). "
In case the content of registration for mortgage by
land use right, property on land is registered for change, the words "The
contents of the mortgage registration at the date of change ... (specify the content
before and after the change) according to application No ... (code of
registration application) " shall be shown.
In case mortgage by land use right, property on
land is deregistered, the words "Deregister the content of mortgage date
... / ... / ... according to application No ... (code of registration
application) " shall be shown.
c) In case land use rights and property on land are
transferred by change, transfer, inheritance, donation, contribution of capital
with the entire land plot, the words: "Receipt of transfer (or change,
inheritance,) of ... (name and address of the transferor) according to the
application No... (Code of registration application) “Shall be shown;
d) In case land use rights and property on land are
transferred in accordance with agreement in the mortgage contract to settle
debt; administrative decisions of competent State agencies in settlement of
land disputes, complaints and denunciations on land, decision or judgment of
the People's Court, implemented enforcement decision of enforcement
agencies ; recognition document of results of the auction of land use rights
for the entire of land plot, the words: "receipt of right transfer under
... (bases such as agreement in the mortgage contract to settle debt; decisions
on settlement of land disputes , ...) of ... (name and address of the
transferor) according to the application No ... (code of registration
application) " shall be shown;
dd) In case use right of a part of the land plot, a
part of the property on land is transferred in the cases specified in Points c
and d of this Clause which is the formation of new land plot , the words :
"Divided into land plots numbers ... (numbers of new land plots) according
to the application No... (Code of registration application)" shall be
shown in registration part of transferor.
The new divided land plot shall be registered into
the new page of book. In the section of the change on the registration page for
new land plot of the transferor, the words: "Divided from the land plot
number... (Number of land plot before the division) according to the
application No ... (code of registration application) “shall be shown. In the
section of the change on the registration page for new land plot of the transferee,
the words "receipt of transfer (or change, inheritance,) ... (land use
rights or property transferred rights) of ... (name and address of the
transferor), divided from the land plot No... (Number of land plot before
division), according to the application No... (Code of registration
application) “Shall be shown.
In case use right of a part of the land plot, a
part of the property on land is transferred , but the remaining area is
unchanged the number of land plot, in the section of the change on the registration
page of the transferor, the words Transfer (or change, inheritance, ...) ...
(transferred property), for ... (name and address of the transferee), area ...
m² (for property being house, construction area and used floor area ), new plot
plan No... (Number of new divided land plot) in application No ... (code of
registration application); the remaining area is ... m², with land plot No….
“Shall be shown;
e) In case capital contribution with land use
rights and property on land is deregistered, the words "Deregister the
content of capital contribution date ... / ... / ... according to application
No ... (code of registration application) " shall be shown.
...
...
...
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h) If land use rights and property on land of
households are divided to household member or a group of common ownership, used
by such group members as agreed or stipulated by law, at the registration page
of land plot before division, the words: "Dividing ... (name of the
divided property ) to ... (name and address of the divided person), land plot
No ... (number of divided land plot), area ... m² (area of divided property);
the remaining area is ... m², land plot number is ... (if changed) according to
application No ... (code of the registration application) " shall be
shown;
In case new land plot is formed after division, at
the registration page of the new land plot, the words "Being divided ...
(name of the divided property) of ... (name of household or land user groups
before division), divided from the land plot No... (Number of land plot before
division) according to the application No ... (code of registration
application) “shall be shown;
i) If the land users, the owners of property on
land rename or change information on legal documents, record or address, the
words "The land user (or owners of property on land) ... (changed content:
Rename, change of the ID card, the Business registration certificate , ...
address) from ... to ... (information before and after the change) according to
application No.... (Code of the registration application) “Shall be shown;
k) In case households, individuals using the land
are changed into private enterprises of such household, personal or business
transformation, but not in the case of transfer of land use rights, ownership
of property on land, the words “The land user (or owners of property on land)
renames from ... to…. (Name and legal papers before and after change) due to
... (establishment form or business transformation) according to the
application No... (Code of registration application) “Shall be shown;
l) In case investors build condominiums for sale,
for sale and for rent in combination and have been granted the Certification
for the land, when registering for transfer the first apartment, at the
registration page of the investor, the words "The land plot with ... m²
(area under the common use of the purchaser in accordance with the law) has
been transferred to the form of common use" shall be shown.
If investors building condominiums has registered
for granting the common Certificate for apartments, when registering to sell
apartments, the words "Sell apartment No ... according to the application
No... (Code of the registration application) "Shall be shown;
m) In case restriction use right of the adjacent
land plot is changed, terminated, Recording shall be as follows:
- In case of change of restriction use right of the
adjacent land plot, at the registration page of the land plot of the transferor
and transferee, the words “ Restriction use right of the adjacent land plot
registered on ../.../... Have changed ... (content of changes) under ... (name
of document of change of restriction right) on... / ... / ... “shall be shown;
- In case of termination of restriction use right
of the adjacent land plot, at the registration page of the land plot of the
transferor and transferee, the words “ Restriction use right of the adjacent
land plot registered on ../.../... Have terminated ... (content of changes)
under ... (name of document of change of restriction right) on... / ... / ...
“shall be shown;
...
...
...
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In case the part of area of the land plot is
changed by natural erosion, the words " natural erosion ... m2
according to the application No... (Code of registration application)"
shall be shown;
o) In case land uses purpose is changed, the words:
" Change of purpose from ……to ... ... (use purpose before and after
change); use origin of changed land ...; use term ... (the origin and duration
after changing purposes if any) according to the application No... (Code of
registration application) “Shall be shown;
In case of transfer of use purpose of a part of
land plot causing division, the words "The land plot was divided into
plots ... (numbers of newly formed land plots), change the use purpose of the
land plot No... Area ... m² (number and area of the land plot which is changed
the use purpose) to ... (use purpose after change), according to the
application No... (Code of registration application). “shall be shown.
At registration page of the newly formed land plot
but not changed the use purpose, the words "Being divided from the land
plot No... (Number of the land plot before division) according to the application
No ... (code of registration application) “shall be shown;
At registration page of the newly formed land plot
and changed the use purpose, the words "Being divided from the land plot
No... (Number of the land plot before division), change the use purpose
from…to… (Use purpose before and after change) according to the application No
... (code of registration application) “shall be shown;
p) In case the land use is extended, the words:
"Extension of land use to date under the Decision No. ... According to
application No ... (code of registration application) “shall be shown.
In case the agricultural land of households and
individuals is continued to be used the words "Continue to use the land
to... /.../ ... according to application No ... (code of registration
application) " shall be shown;
q) If the and users switch from land lease to land
allocation with collection of land levy or switch from land lease with annual
payments to land lease with lump-sum payment or switch from allocation without
collection of land levy to allocation with collection of land levy or lease of
the State, the words "Transfer use form from... ...to….. (Specific land
use form before and after being changed) from ... / ... / ... according to the
application No... (Code of the registration application) ";
r) In case information about property on registered
land is changed, the words "... (Name of the changed property) have
changed ... (information content before and after change the) according to
application No ... (code of registration application) “shall be shown.
...
...
...
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s) In case the restrictions on land use rights and
property on are changed the words "Restrictions on ... (content of
restrictions have changed) have changed ... (changed or terminated of such
restrictions according to application No ... (code of registration
application) “shall be shown;
t) In case errors or mistakes in the information
content of cadastral books or Certificate are detected, the words "Content
... (content of errors) has errors, which are rectified... (Rectified
information) according to the application No... (Code of registration
application’" shall be shown;
u) In case land is withdrawn, the words "the
State withdraws the land according to the application No... (Code of
registration application’" shall be shown;
In case the State withdraws a part of the land
plot, the words "the State withdraws ... m², the remaining area is ... m²
with land plot number ..., or property on the remaining land is ..., according
to the application No... (Code of registration application)" shall be
shown;
v) In case the land plot is consolidated, the words
" Consolidated with the land plot No ... (ordinal numbers of the old land
plot) into the land plot No... (Ordinal numbers of the newly formed land plot)
according to the application No ... (code of registration application)
" shall be shown; at the registration page of the new land plot, the words
" Consolidated from the land plot No ... (ordinal numbers of the old land
plot) according to the application No ... (code of registration application)
“shall be shown;
In case the land plot is divided, the words
"Dividing the land plots No ... (numbers of the land plots divided from
the old land plot), according to the application No ... (code of registration
application) " shall be shown. At the registration page of the newly
divided land plot, the words "Divided from the land plot No ... (number of
land plot before division) according to the application No ... (code of
registration application) " shall be shown;
y) In case the Certificate is replaced, the words
"Replaced from the old Certificate No... (Issuance No and number of the
book of old certificate), book No... According to application No ... (code
of registration application) “shall be shown.
z) In case the lost Certificate is reissued, recording
shall be as follows:
- When users report losing the Certificate, the
words "Report losing the certificate on ... / ... / ...’’shall be shown;
...
...
...
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W) In case the land plot is re-measured and number
and area of the land plot is changed, the words “... (Changed information)
change from ... (information before changes) into ... (changed information)
re-measured on ... according to application No ... (code of registration
application) “shall be shown.
Example: In case of re-measurement, the land plot
No. 30 is changed into the land plot No.115 , land area is changed from 600m²
to 650m², the words "Number of the land plot is changed from 30 to 115;
area is changed from 600m² to 650m² due to re-measurement on October 15, 2013
".
In case the name of the administrative unit is
changed, administrative division is adjusted under the decision of the
competent State agencies state, the words "Rename ... (name of the
administrative unit before the change) into. ... (Name of the new administrative
unit) “Shall be shown.
Example: In case of changing the name of Tu Liem
administrative unit to Bac Tu Liem District, the words “The name is changed
from Tu Liem district to Bac Tu Liem district." Shall be shown
3. Data on registration application is the code to
lookup application for registration of changes, 03 contiguous code set with the
"dot" as a separation under the form (ST.MB. TB) shall be shown,
including:
- ST is the number of the registration application
as prescribed at Point b, Clause 2, Article 30 of this Circular;
- MB is the code of the change form, shown by the
symbol as prescribed in Appendix No. 02 enclosed with this Circular;
- TB is the number of registration of change of
each registration application established under the provisions of paragraph 2
of Article 23, shown by 03 numbers, starting with number 001.
Chapter IV
...
...
...
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Article 20.
Drawing cadastral map and establishment of land-itemizing book
1. Cadastral map is a part of the cadastral
dossier; it shows the location, boundaries, area of the land plot and
trespassed land; it is used to for land registration, granting Certificate and
other contents of the State management on land.
2. The land-itemizing book is the product of
cadastral investigation, measurement to summarize the cadastral information of
a land plot and trespassed land, including: Number of maps, number of land
plot, area, land type, name of land user and the person assigned to manage the
land to serve the requirements for land management.
3. Cadastral maps, land-itemizing books shall be
established and stored in cadastral database to be used for land management at
all levels; printed out on paper for use in areas where cadastral database has
not been completed or has had no conditions to develop the use of cadastral
map, digital land-itemizing book.
4. Measurement and readjustment of cadastral maps,
land-itemizing book shall comply with the provisions of the cadastral map of
the Ministry of Natural Resources and Environment.
5. If cadastral maps have not been measured, other
types of measurement documents shall be used to register the land in accordance
with the following provisions:
a) Where there are cadastral maps, the change of
the land plot boundaries, land types must be inspected, measured, revised to
make it suitable for current conditions of use and regulations on land type,
land user in accordance with This Circular to use;
b) Where there is map of detailed planning of urban
construction, construction planning of the rural residential area, inspection,
revision must be carried out to suit the current conditions of land use and
edit the content under the provisions on cadastral maps to use;
c) Where there is no cadastral map or map of
detailed construction planning, the cadastral measurements must be carried out
for use under the provisions of the cadastral map of the Ministry of Natural
Resources and Environment.
...
...
...
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1. Cadastral book shall be compiled to record the
results of registration, as the basis for determining the legal status and
supervision, protection of the rights and obligations of land users, owners of
property on land, persons assigned to manage the land by the State in
accordance with the legislation on land.
2. The contents of the cadastral book shall include
the following data:
a) Data on the number, address area ofa land plot
or trespassed land;
b) Data on the land users, person assigned to
manage the land by the State;
c) Data on land use right, land management rights;
d) Data on property on land (including data on the
owners of property on land);
dd) Data on the legal status of land use rights,
ownership of property on land;
e) Data on change in the land use and ownership of
property on land
3. Cadastral book shall be compiled in digital
form, signed to approve by electronic signature by the Heads of land
registration agencies as prescribed and stored in the cadastral database in the
Form 01 / DDK enclosed herewith this Circular.
...
...
...
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Article 22. File
copy of Certificates
1. The digital certificate file copy shall be
scanned from the original Certificate before being given to land users to store
in cadastral database.
2. Places which have not established the cadastral
database shall set up the storage system of Certificates in the form of paper,
including:
a) land use right certificate ( white) signed to
store by competent agencies as prescribed in the Minister of Natural Resources
and Environment’s Decisions No. 24/2004 / QD-BTNMT dated November 1, 2004 and
Decision No. 08/2006 / QD-BTNMT dated July 21, 2006 promulgating the provisions
on certificates of land use rights;
b) house use right certificate and land use right (
green) signed to store by competent agencies as prescribed in the Government's
Decree No. 60 / CP dated July 5, 1994 on ownership of housing and land use
right in urban areas;
c) Certificate of rights to use land, ownership of
land and property on land shall be make copies to store under the provisions of
Circular No. 17/2009 / TT-BTNMT and Circular No. 23/2014 / TT -BTNMT dated May
19, 2014 of the Minister of Natural Resources and Environment defining
Certificate of rights to use land, ownership of land and property on land;
d) land use right certificate, Certificates of
ownership and land use right, Certificates of ownership, Certificates of
ownership of construction works submitted by land users when changes are
registered shall be make copies under the form of true copy, stamped by the
land registration Agencies on page 1 of the certificate copies to store.
3. When cadastral database is established but the
original certificate has not been scanned, the file copy of certificate
prescribed in paragraph 2 of this Article shall be scanned; in case of registration
of changes, the original certificate shall be scanned.
Article 23. Application for
registration of land and property on land
...
...
...
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a) The papers submitted by land users, owners of
property on land for initial registration and the registration of change;
b) The papers compiled by the competent authority
during carrying out the procedures of checking the application; declaration of
the application and verification under the opinions of the public content (in
the case of first registration); determination and collection of the financial
obligations related to the initial registration and registration of changes as
prescribed.
2. Application defined in Paragraph 1 of this
Article shall be in paper form, collected into the registration application for
each land plot(including registration application for property on land of
owners who are not land users), for each apartment.
In case of the initial registration, the land users
request for a common Certificate for many land plots in accordance with
provisions, a common registration application shall be made for such land
plots.
In case of common registration for many land plots
without granting Certificate, a common registration application shall be made
for such land plots.
In case of registration for changes, the land plot
is divided to form many new land plots; the registration application chill is
made for each newly divided land plot.
In case of registration for consolidation of land
plots, the registration application shall be made for the newly consolidated
land plot on the basis of combination of registration application of the land
plot before consolidation
3. For places which have commenced electronic
registration, registration application specified in paragraph 1 of this Article
shall be made in digital form and stored in the database of land.
4. For places which established the land database
but have not received the digital registration application, the documents
specified at Point b, Clause 1 of this Article shall be made in digital form
and stored in the land database.
...
...
...
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a) Legal papers on the origin and change of land
use right, ownership of property on land specified in Chaise 2 Article 18 of
this Circular;
b) Extract of the cadastral map;
c) Vouchers of financial obligations and the papers
of the competent authorities in exemption and reduction of financial
obligations on land, property on land.
Article 24. Roadmap of
compilation, change of cadastral records into digital format
1. Places establishing the cadastral database shall
complete digital cadastral dossiers under the provisions of this Circular
before 2016.
2. Roadmap of change the cadastral dossiers from
paper form to digital form shall comply with the provisions of the roadmap of
establishment of cadastral database of the Ministry of Natural Resources and
Environment.
Chapter V
UPDATE, READJUSTMENT OF
CADASTRAL DOSSIERS
Article 25.
Documents of cadastral dossiers updated and readjusted the change, and base of
update and readjustment
...
...
...
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No
update,
readjustment situations
documents
updated, readjusted
base of update
and readjustment
1
Registration for land use rights, ownership of
property on land the first time ;
- cadastral map and land-itemizing book
- Cadastral book
- land registration application for the first
time inspected and verified at all levels;
...
...
...
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- Land allocation or lease application; auction
of land use rights application
2
Registration of land assigned to manage by the
State
- cadastral map and land-itemizing book
- Cadastral book
- land registration application for the first time
inspected and verified at all levels;
- Land allocation application for management
3
Registration of changes except for cases
specified in points 4, 5, 6 and 9 of this table
...
...
...
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- Cadastral book
- The Certificate issued or confirmed changes
- Registration application for changes inspected
for prescribed eligibility
4
Registration for lease, sublease land use rights,
ownership of property on land
- Cadastral book
- Registration application for lease, sublease
inspected for prescribed eligibility
5
Establishment or change, termination of the
restriction right to use the adjacent land plot
...
...
...
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- Application for establishment or change, termination
of the restriction right to use the adjacent land plot;
- Certificate of certification for establishment
or change, termination of the restriction right to use the adjacent land
plot;
6
Registration for Registration of mortgage,
deregistration of mortgage, registration of changes of mortgage content of
land use rights, ownership of property on land
- Cadastral book
- Certificate of certification of registration of
mortgage, mortgage deregistration, registration of change of mortgage content;
- Application for registration of mortgage,
mortgage deregistration, registration of change of mortgage content which is
inspected for prescribed eligibility;
7
Reissuance and replacement of Certificate ( except
for cases prescribed in Point 8 of this Table)
...
...
...
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- The reissued Certificate;
- Registration application for reissuance of the
lost Certificate which is inspected for prescribed eligibility
8
Replacement of Certificate due to remeasurement
and regrouping of land
- Cadastral book;
- cadastral map and land-itemizing book
- The replaced Certificate;
- Registration application for replacement of the
lost Certificate which is inspected for prescribed eligibility
9
...
...
...
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- cadastral map and land-itemizing book
- Cadastral book
- The Certificate of withdrawal or readjustment
of the withdrawal area;
- land withdrawal application
10
Revision of content of Certificate
- Cadastral book
- The revised Certificate
- inspection record determining error content on
the issued Certificate
...
...
...
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Revocation of the issued Certificate ( except for
land withdrawal of the State)
- cadastral map and land-itemizing book
- Cadastral book
- The granted Certificate ( if any);
- The decision to revoke the issued certificate ,
the decision to cancel the issued certificate;
- application for revocation of the Certificate
which is inspected for prescribed eligibility
12
Change of land use purpose without registration
of changes as prescribed
- cadastral map and land-itemizing book
...
...
...
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- Documents of land investigation and inventory
accepted
13
Change of the information of the land plot due to
measurement and drawing cadastral map without being replaced the Certificate
by the land user
- Cadastral book
- Inspected and accepted cadastral map and
land-itemizing book
Article 26. Procedures and time
of update, readjustment of the change of the cadastral dossiers
1. In case of regular or first-time registration of
land, property on land and change registration, cadastral dossiers shall be
updated and readjusted as follows:
a) For places which have established cadastral
database, update and readjustment of cadastral dossiers shall be carried out
along with registration procedures in the following order:
- Update registration information and scan the
legal papers of land use right, land management right, ownership of property on
land ( if any) after the receipt of a satisfactory application;
...
...
...
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- Update the results of application inspection
after completion of inspection within the competence;
- Updated information on the financial obligations
of land users after receipt of payment vouchers of financial obligations or
documents of competent authority on the owning or exemption or reduction of
financial obligations as prescribed;
- Scan and enter additional information to the
cadastral dossier of the certificate signed to issue or confirmed changes; for
the first-time registration and no demand or ineligibility or outside the case
of the issuance of Certificate, the additional information shall be entered as
prescribed for cases where no certificate is issued;
- Inspect the update and readjustment; extract into
the cadastral book and sign for approval the established or readjusted page of
cadastral book;
b) Places which have not established cadastral
database, cadastral dossiers shall be updated and readjusted in accordance with
the following provisions:
- In case of first-time registration, issuance of certificate
or change registration, cadastral dossiers shall be updated and readjusted and
the certificate shall be made copies for storage before it is given to the
grantee;
- In case of first-time registration without being
eligible for issuance of Certificates, cadastral dossier shall be updated and
readjusted after receiving the written opinion of the competent authorities of
the case of ineligibility of issuance of certificate;
- In case of first-time registration, and land
users have no demand for certificates or registration of land assigned to
manage by the State, cadastral dossiers shall be updated and readjusted after
inspection of the dossier is completed within the competence.
2. In case of land withdrawal, the made land
withdrawal records (land transfer on real land) shall be based on to readjust
the cadastral dossiers in the following order:
...
...
...
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b) Confirm the revocation the issued certificate to
store; in case of withdrawal of a part of the land plot, scan and copy the
certificate of confirmation of land withdrawal to store;
c) UPDATE, READJUST cadastral DOSSIERS. For places
establishing the cadastral database, inspect the update of information; extract
into the cadastral book and sign to approve on the readjusted page of cadastral
book.
3. In the case of land allocation and land lease
(including cases through auctions of land use rights), cadastral dossier shall
be updated, readjusted after transfer of land on the real land in the following
order:
a) Inspect, readjust cadastral maps or cadastral
measurements of the land plot and the land-itemizing book in accordance with
current conditions of land transfer on real land;
b) Update registration information from record of
land allocation, land lease, land use right auction which is entered into
cadastral book;
c) Scan or copy and enter additional information on
the cadastral dossiers about the signed Certificates to store before giving it
to the grantee;
d) Inspect the update of information, extract into
the cadastral book and sign to approve on the compiled page of cadastral book
for places establishing the cadastral database.
4. In case of reissuance of the lost Certificate,
update and readjustment of cadastral dossiers shall be carried out along with
procedures in the following order:
a) Update information on the loss of Certificates in
the cadastral book after receiving the application for reissuance the lost
Certificate;
...
...
...
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c) Inspect the update of information, extract into
the cadastral book and sign to approve on the readjusted page of cadastral book
for places establishing the cadastral database.
5. In case of replacement or revision of the
granted Certificate, update and readjustment of cadastral dossiers shall be
carried out in the following order:
a) For places which have established cadastral
database, update and readjustment of cadastral dossiers shall be carried out
along with registration procedures in the following order:
- Enter registration information for replacement or
revision of the granted Certificate, scan the granted Certificate after
receiving a satisfactory application for the case not scanned;
- Enter the inspection results of application inspection
after completion of inspection within the competence;
- Scan and enter additional information on
replacement of Certificate, the revised Certificate before giving it to the
grantee;
- d) Inspect the update of information, extract
into the cadastral book and sign to approve on the compiled page of cadastral
book for places establishing the cadastral database;
b) For places which have not established cadastral
database, tasks specified in this paragraph shall be fulfilled after the
competent authority signs to replace the Certificate or revise in the
Certificate before it is given to the grantee.
6. The update, revision of cadastral dossiers for
cases specified in paragraphs 1, 3, 4 and 5 of this Article must be completed
before giving the Certificates to the grantee and within 03 working days from
the date of signing to issue the Certificate or the date of certification of
changes in the issued certificate or the date of completion of the registration
application inspection for cases of no demand for certificates or registration
of land assigned to manage; the case provided for in paragraph 2 of this
Article must be completed within 05 working days from the date of transfer of
land in the real land.
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1. Places establishing digital cadastral dossier,
data synchronization of cadastral dossiers at all levels shall be carried out
along with the synchronization of cadastral database as prescribed by the
Ministry of Natural Resources and Environment on establishment of land
database.
After updating the received database
synchronization, land registration offices must extract in digital cadastral
dossier additional first-time registration data; updated change registration
data from the cadastral database.
2. Data synchronization of copies of communal
cadastral dossiers shall comply with the following provisions:
a) For the commune-level administrative units using
directly the digital cadastral dossiers via the transmission line connected to
the cadastral database of the province and district, the commune-level
cadastral officers do not synchronize the data.
For places which have established digital cadastral
dossier, but communal administrative units have not developed the direct use of
digital cadastral dossiers from database of the province and district, branch
of land registration office or land use right registration Office at district
level shall periodically extract, copy in the storage device of data newly
updated and readjusted and send to cadastral officers at commune level to
update the copies of digital cadastral dossiers forms of commune.
Periodical time for the extraction and sending data
to commune shall be defined in accordance with conditions of each commune by
the branch of land registration office or land use right registration office at
district level, but it shall be no more than 15 days once.
Cadastral officers at commune level must enter the
data newly updated and readjusted sent by brace of land registration office or
land use right registration office into copies of digital cadastral dossiers of
communes within 02 working days from date of receipt to manage and use;
b) For the commune-level administrative units which
still use paper cadastral records, within 03 working days from the date of
update and revision of the cadastral dossiers for settled changes, land
registration authority must notify in writing the communal cadastral officials
to update, readjust copies of cadastral dossiers.
After receiving notification on update, revision of
cadastral dossier, cadastral officers at commune level shall update and revise
into copies of cadastral dossiers under their management to use within 03
working days.
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MANAGEMENT OF
CADASTRAL DOSSIERS
Article 28.
Inspection of preparation, readjustment of cadastral dossiers
1. Inspection of cadastral dossiers shall include:
a) Inspection after initial establishment before
being put into use;
b) Inspection during update and readjustment of
changes.
2. Inspection content of cadastral dossiers shall
include:
a) Inspection of the presentation of cadastral
dossiers;
b) Inspection of the consistency of information
among documents, including:
- The unification of information on numbers, area
and land type between measurement documents to register and land-itemizing
book;
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- The unification of information on numbers, area
and land type between cadastral book and land-itemizing book;
- The unification of first-time registration
information between cadastral dossiers and registration procedures of land ,
property on land and stored copy of Certificate or scan of Certificate stored
in cadastral database ( if any);
- The unification of change registration
information between change registration application and cadastral dossiers ,
stored copy ( or scan) of Certificate, use measurement documents,
land-itemizing book;
- The unification of the readjustment of the
boundaries, area of the land plot between the land change registration
application and cadastral map (or other measurement documents used to
register);
c) Inspection of the completeness of contents of
each document shall include:
- Inspection of numbers of land plot entered the
land-itemizing book;
- Inspection of the number of initial registration
application, change registration application of land and property on land which
have been updated, readjusted in cadastral book;
- Inspection of the number of scans of Certificates
and legal documents on land use rights, ownership of property on land stored in
cadastral compared with the number of current documents of the same type ;
d) Inspection content of measurement and drawing
cadastral maps, land-itemizing book shall comply with the provisions of the
cadastral map of the Ministry of Natural Resources and Environment.
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a) the Service of Natural Resources and Environment
shall inspect, accepted the quality of cadastral dossier compiled initially
before being put into use except for cases specified in point c of this
paragraph.
Inspection level shall comply with provisions of
the Ministry of Natural Resources and Environment on inspection, verification
and acceptance of cadastral work, products;
b) Land Registration Authority shall:
- Inspect the measurement, readjustment and
division of the land plot on the cadastral map; inspect the cadastral
measurements of the land plot or other types of maps under paper and digital
form for places have had no cadastral map before using to register, issue the
Certificate for the cased under the competence;
- Inspect regularly the update and readjustment of
complied digital cadastral dossiers
Regularly inspect the update, readjustment of
cadastral dossiers for all registered cases for places have not established
digital cadastral dossiers;
c) Land registration office or land use right
registration office at province level shall periodically inspect the update,
readjustment of cadastral dossiers compiled by branch of land registration
offices or land use right registration offices at district level. Inspection
level shall be a minimum of 20% of the updated and readjusted cases;
d) branch of land registration offices or land use
right registration offices at district level shall inspect at least once every
6 months the update and readjustment of the copies of cadastral dossiers
compiled by cadastral officers at commune level.
Article 29. Decentralization
of cadastral dossiers
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a) Branch of land registration offices or land use
right registration offices at district level shall manage the digital cadastral
dossiers of central-affiliated cities and provinces.
b) For the district, town and city in the province
establishing cadastral databases without connecting to cadastral database of
central-affiliated cities and provinces, the Branch of land registration Office
or land use right registration offices shall manager the local digital
cadastral dossier.
2. Decentralization of paper cadastral dossiers
shall be as follows:
a) Land registration office or land use right
registration office at province level shall manage documents including:
- A stored Certificate ; issuance book of
Certificate for organizations, religious institutions, foreign individuals,
foreign-invested enterprises, foreign organizations with diplomatic functions, oversea
Vietnamese carrying out the investment project;
- The system of registration application of the
entities under competence in receipt and land registration;
- Cadastral maps and other maps and measurements
documents which are being used for registration, issuance of certificate;
- System of cadastral books which are being used,
prepared for those registering under the competence;
- Cadastral dossiers which are compiled over the
time and are not used often in land management;
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- A stored Certificate; issuance books of
Certificate for households and individuals , communities, oversea Vietnamese
entitled to own houses in Vietnam;
- The system of registration application of the
entities under competence in receipt and land registration;
- Cadastral maps and other maps and measurements
documents which are being used for registration, issuance of certificate;
- Cadastral books complied for entities under the
competence in registration and land-itemizing books which are being used in the
management of land for places which have not established cadastral database;
c) People’s Committees of communes (directly
cadastral officers) shall manage copies of cadastral maps, cadastral books,
land-itemizing land, and book of receipt and return of registration results,
issuance Certificate of rights to use land, ownership of land and property on
land for submission of the registration application in People’s Committees of
communes.
3) The Service of Natural Resources and
Environment, the Division of Natural Resources and Environment, People’s
Committees of communes shall meet conditions for the preservation
of cadastral dossier under their management competence as assigned.
Article 30. Preservation of
cadastral dossiers
1. Digital cadastral dossiers shall be managed and
ensured safety along with the management and safety guarantee of cadastral
database as prescribed by the Ministry of Natural Resources and Environment on
establishment of land database.
2. Paper cadastral dossiers shall be stored as
follows:
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- Cadastral maps; cadastral measurements of the
land plot; other measurement documents which are used for land registration, ;
- Stored Certificates ;
- Registration application of land, property on
land;
- Cadastral books, land-itemizing books, issuance
books of Certificates;
- Other documents;
b) System of registration application of land,
property on land specified in Paragraph 2 of Article 23 of this Circular shall
be arranged and numbered in order of time of being recorded in the cadastral
book of first-time registration application; numbers shall consists of 06
numbers and is numbered after the number of the dossiers compiled prior to the
date this Circular takes effect.
3. Preservation duration of cadastral records is
defined as follows:
a) Permanent preservation for digital cadastral
dossiers and memory devices containing digital cadastral dossiers; the compiled
paper documents including: Documents of cadastral measurement, land-itemizing
books, issuance books of Certificate, the stored Certificate ; registration
application of land, property on land as stipulated in Article 23 of this
Circular, except for cases specified in clause b of this paragraph;
b) Preservation within 5 years for registration
application of lease, sublease, mortgage registration with land use rights,
ownership of property on land deregistered lease, sublease, deleted mortgage ;
papers publicizing the results of verification of application for registration
,issuance of Certificate; notification of the update, readjustment of cadastral
dossiers and other enclosed documents .
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Article 31. Security of
cadastral dossiers
1. Cadastral data that needs security shall
include:
- Information on the land users and property
information of the National defense and security unit ;
- Personal information on the land users, owners of
property on land which they request for security in accordance with the
provisions of law;
- Other information in accordance with the law on
the protection of State secrets.
2. The documents of cadastral dossiers containing
confidential information specified in paragraph 1 of this Article shall be
managed under privacy mode.
3. The management, transportation, delivery,
transmission of documents, data, and cadastral dossiers containing confidential
information and print, copy, taking photos, development, providing confidential
documents from the cadastral dossiers must comply with the law on the protection
of State secrets.
4. Competent agencies shall provide information and
other agencies involved in the development and use of information for the
request to perform the tasks assigned shall manage and secure information of
cadastral dossiers in accordance with provisions of law.
Article 32. Transfer of
cadastral dossiers
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2. Compiled cadastral dossiers shall be transferred
after being inspected and accepted as prescribed.
In case of transfer of products at each stage or in
progress of carrying out of the project, transfer shall comply with the written
agreement between the investor and the implementation unit.
3. Agencies taking charge to transfer the cadastral
records shall be defined as follows:
a) the Service of Natural Resources and Environment
shall take charge to transfer cadastral dossiers between consultancy unit in
establishment of cadastral dossiers and the land registration Office or land
use right registration Office at province level; between land use right
registration Office at province level and land use right registration Office at
district level; among land use right registration Offices at district level in
case of transfer, acquisition and adjustment of administrative division among
districts; between land use right registration Office at district level and the
land registration Office;
b) Land registration Office shall take charge to
transfer the cadastral dossiers to Branch of land registration Office; among
Branches of land registration Offices;
c) the Division of Natural Resources and
Environment shall take charge to transfer copies of cadastral dossiers among
branches of land registration Offices or land use right registration Office at
district level to People’s Committees of communes; among communes foe to
transfer, acquisition and adjustment of administrative division at commune
level under the same administrative units at district level;
d) Presidents of People’s Committees of communes shall
cooperate Branch of land registration Offices or land use right registration
Offices at district level to take charge to transfer copies of cadastral
dossiers when changing cadastral officers at commune level.
Chapter VII
IMPLEMENTATION
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1. Places which have established cadastral database
shall continue to use and make plan for standardization of data content, add or
change documents of digital cadastral dossiers in accordance with provisions of
this Circular.
2. Places which are commencing to establish the
land database which has not been accepted by investor shall establish digital
cadastral dossiers under the provisions of this Circular.
3. Places which are commencing to establish the
cadastral dossiers shall comply with the provisions of this Circular, except
for documents compiled before this Circular takes effect.
4. Places which have not established cadastral
database shall continue to use the land-itemizing book, cadastral books, books
for monitoring land changes, issuance books of Certificate in paper form
established before this Circular takes effect to update and readjust the
regular changes as prescribed for each type of book and supplementation
guidance enclosed herewith this Circular.
5. Cases of submission of registration application
of land and property on land, issuance of Certificate of rights to use land,
ownership of land and property on land before this Circular takes effect shall
be continued without resubmission of application under the provisions of this
Circular.
Article 34. Effect
1. This Circular takes effect from July 5, 2014.
2. This Circular replaces the Minister of Natural
Resources and Environment’s Circular No. 09/2007 / TT-BTNMT August 2, 2007
providing guidance on compilation, readjustment and management of cadastral
dossiers.
Article 35. Implementation
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2. People’s Committee in central-affiliated cities
and provinces shall be responsible for dissemination, direction and allocation
funds for the implementation of this Circular in locality.
3. The Service of Natural Resources and Environment
shall be responsible for commencement of implementation, inspection, guidance in
the implementation of this Circular in locality and report situations, results
of implementation annually (before December 15) to the Ministry of Natural
Resources and Environment.
Any problems arising in the course of implement
should be reported to the Ministry of Natural Resources and Environment for
consideration and resolving. /.
PP. MINISTER
DEPUTY MINISTER
Nguyen Manh Hien