Thông tư 24/2014/TT-BTNMT

Circular No. 24/2014/TT-BTNMT dated May 19, 2014, defining cadastral dossiers

Nội dung toàn văn Circular No. 24/2014/TT-BTNMT defining cadastral dossiers


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

Hanion, May 19, 2014

 

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

GENERAL PROVISIONS

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.

3. Registration of changes of land, property on land (hereinafter referred to as the change registration) means implementing procedures for record the change in one bit or some bit of the registered information in the cadastral dossiers as prescribed in law.

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;

c) Logbook of land changes under paper form.

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:

a) Adjust regular changes for cadastral map, land-itemizing books;

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.

2. Cadastral dossiers in paper and digital forms shall have the same legal value.

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

1. Application for registration, granting Certificate of rights to use land, ownership of land and property on land for the first time 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 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 .

If the land users have registered for land but now need to obtain the Certificate of rights to use land, ownership of land and property on land, they shall submit an applicant for granting the Certificate in the Form 04 / DK.

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);

c) A diagram or cadastral measurement drawing of land plots allocated to manager (if any)

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:

a) A contract, document of transfer, lease, subletting, inheritance, donation of land use right, ownership of property on land; 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 as prescribed:

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:

- A written form of registration for changes in land and property on land in the form 09/DDK;

- 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;

d) A written total division, partial division, consolidation, acquisition of organization as prescribed in law in case of division or consolidation of land use rights, ownership of property on land of organizations; a family register in case of division or consolidation of land use right, ownership of property on land of households; a family register or certificate of marriage or certificate of divorce in case of division or consolidation of land use right, ownership of property on land of the spouses .

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;

- A written certification of the People’s Committees of communes on the natural erosion in case of reduction of the land area, property on land by natural erosion;

- 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 :

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 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:

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

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;

b) An original of the granted Certificate

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:

- A written complaint about the Certificate what do not comply with the provisions;

- 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.

4. When submitting vouchers of financial obligations of land and property on land to carry out the procedures for issuance of the Certificate or change registration of land and property on land, 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 (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:

a) A written form of registration for issuance of Certificate of rights to use land, ownership of land and property on land : Form No. 04a/ DDK;

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;

b) A written form of replacement, reissuance of the Certificate of rights to use land, ownership of land and property on land: Form No. 10/ DDK;

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:

1. Number data of the land plot shall include:

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:

1. Data on name of the trespassed land which can be defined and shown in the local names (if any) Example: " Ba Bo Channel", "Set River".

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:

a) For individuals, the following information shall be shown: "Mr." or "Mrs."; full name, date of birth in ID card or in ID military card or other record papers of such person; if he/she does not have any other record papers, his/ her family register or birth certificate can be used;

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;

h) For the communities, the names determined by the communities and certified by People’s Committees of communes shall be recorded;

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);

d) For foreign organizations with diplomatic functions, foreign-invested enterprises, oversea Vietnamese carrying out the investment project, the following information shall be shown: Name of legal papers ( establishment document or operation license in Vietnam or investment license or the business registration certificate); number, date of signing, authority signing such papers.

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:

1. Data on forms of private land use, common land use shall be shown as follows:

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;

c) If the land categories according to current conditions is different from the land categories according to use purpose allocated, leased , recognized the land use rights, allowed to change the land use purpose or assigned to manage by the State, the land categories according to current conditions and the land allocated, leased , recognized the land use rights, allowed to change the land use purpose or assigned to manage by the State shall be recorded in the land-itemizing books and cadastral maps;

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;

e) If the land is registered but the Certificate is not requested to be granted but there are papers on land use rights, land use term shall be determined and recorded according to that papers; if there are no papers or there are papers on land use rights but the term has not been determined, the word "undetermined" shall be shown. If the land is registered without eligibility for granting the Certificate, the words "Temporary use" shall be used;

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;

g) In case the land plot id divided, consolidate or the Certificate is replaced or reissued of origin , the use origin of land as registered and granted the Certificate for the first time shall be shown under Points a, b , c, d, dd and f of this paragraph.

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.

5. Data on financial obligations shall be shown as follows:

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

d) In case the land is registered without requested for granting certificates or ineligibility of granting the Certificate, the word “ undetermined” shall be shall

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;

- If the land plot does not have restrictions, showing shall be as follow :

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

b) In case of construction works, their names shall be shown in accordance with detailed investment project or construction planning or investment license or license for construction of competent authorities .

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;

- Level shall be determined and shown under the provisions on house legislation, construction legislation;

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;

d) production forests being planted forests shall be shown as follows:

- 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;

- The area: area of perennial plants under the ownership of the person granted the Certificate shall be shown in Arabic numerals in unit of m²;

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:

- If the property is apartment, the words "apartment number ..." Shall be shown;

- 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 : "- / -".

Article 18. Data group on legal status of land use right, land management right, ownership of property on land.

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;

- Contract or document on transfer of land use rights, ownership of property on land in accordance with law;

- 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;

b) Data content shall include issuance number (serial number of the certificate) and number of Book of granting the certificate;

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.

In case land use right, ownership of property on land is deregisterd for lease, sublease, the words "deregisterd lease, sublease ... (leased property) on ... / ... / ... according to application No ... (code of registration application) " shall be shown.

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.

g) In case land use rights, ownership of houses and other property on land of the wife or husband are transferred into common land use rights, ownership of houses and other property on land of both wife and husband, the words: "Transfer ... (name of transferred property) of ... (name of transferor) into the common of the wife and husband Mr.... and Mrs ... (name of spouse) in the application No... (Code of registration application " shall be shown;

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;

In case the area of the entire land plot is changed by natural erosion, the words " natural erosion of the entire land plot ... according to the application No... (Code of registration application)" shall be shown;

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.

In case of additional registration of property on land, the words "additional Certification of ownership ... (name of the additionally certified property) according to application No ... (code of registration application) " shall be shown.

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;

- When the lost Certificate is re-issued , the words "Re-issuing the Certificate from the lost Certificate No... (Issuance No and registering No. of the old certificate), registering No... According to application No ... (code of registration application) “shall be shown.

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

COMPILATION OF CADASTRAL DOSSIERS

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.

Article 21: Compilation of Cadastral book

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 of​a 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.

4. Places which have not established cadastral database and have had no conditions to compile digital cadastral books as prescribed in this Circular shall continue to update the paper cadastral books which is being used as prescribed in Circular No. 09/2007 / TT-BTNMT dated August 2, 2007 by the Minister of Natural Resources and Environment providing guidance on compilation , revision, management of cadastral dossiers; content of information recorded in the book shall comply with the guidance on amendment and supplementation in Appendix 03 enclosed with this Circular.

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

1. Registration application shall be summarized to store and lookup when needed shall include:

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.

5. Places establishing the land database on the basis of digitization of paper cadastral dossiers shall scan and store in cadastral database the following papers:

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

The document of cadastral dossiers updated and readjusted the change, and base of update and readjustment in changes shall comply with the following provisions:

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;

- The granted Certificate;

- 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

- cadastral map and land-itemizing book

- 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

- Cadastral book

- 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)

- Cadastral book

- 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

Withdrawal of land of the State

- 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

11

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

- Records of inspection of the annual land use;

- 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;

- Updated results of readjustment of cadastral maps or cadastral measurements of the land plot and land-itemizing book for cases needing cadastral measurement;

- 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:

a) Readjust cadastral maps or cadastral measurements of the land plot and readjust the land-itemizing book for cases of withdrawal of a part of the land plot according to the area transfer on real land) ;

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;

b) Scan or copy and enter additional information into the cadastral dossier on the decision to cancel the lost Certificate and reissue the certificate before giving to the grantee;

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.

Article 27. Data synchronization of cadastral dossiers at all levels

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.

Chapter VI

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;

- The unification of information on use purpose as planning between land –itemizing book and land-use planning map ;

- 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.

3. Responsibilities and inspection level of cadastral dossiers shall be defined as follows:

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

1. Management of digital cadastral dossiers shall be as follows:

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;

b) Branch of land registration office or land use right registration Office at district level shall manage documents including:

- 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:

a) Cadastral dossiers shall be grouped to preserve including:

- 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 .

4. The management and safety guarantee of paper cadastral dossiers and memory devices shall comply with the provisions of the legislation on national archives.

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

1. Transfer of cadastral dossiers among units and levels to use must be made in writing.

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

Article 33. Transition Implementation

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

1. The General Department of land Management shall be responsible for inspection of the implementation of this Circular.

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

 

 

 


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Số hiệu24/2014/TT-BTNMT
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          Circular No. 24/2014/TT-BTNMT defining cadastral dossiers
          Loại văn bảnThông tư
          Số hiệu24/2014/TT-BTNMT
          Cơ quan ban hànhBộ Tài nguyên và Môi trường
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