What is the new point of issuance of land use right certificates in Vietnam at Circular No. 02/2023/TT-BTNMT amending Circular No. 24/2014/TT-BTNMT?
What's new in Circular No. 02/2023/TT-BTNMT amending Circular No. 24/2014/TT-BTNMT on issuance of land use right certificates in Vietnam?
On May 15, 2023, the Ministry of Natural Resources and Environment of Vietnam issued Circular No. 02/2023/TT-BTNMT amending and supplementing a number of articles of Circular No. 23/2014/TT-BTNMT stipulating the Certificate of Right to Use land use, ownership of houses and other land-attached assets and amending and supplementing a number of articles of Circular No. 24/2014/TT-BTNMT.
According to that, Circular No. 02/2023/TT-BTNMT has the following highlights:
(1) Instructions for writing the content of the signed part of the certificate of land use rights, ownership of houses and other land-attached assets
According to Clause 1, Article 1 of Circular No. 02/2023/TT-BTNMT, when showing the contents of the Certificate signing part, write the place where the Certificate is issued and the date of signing the Certificate.
Case | How to write |
The agency that issues the Certificate is the People's Committee of the province or district | |
The agency works under the collective mode | ON BEHALF OF PEOPLE'S COMMITTEE... (insert name of the administrative unit competent to issue the Certificate) CHAIRPERSON Signature and seal of the People's Committee and full name of the signer; or ON BEHALF OF PEOPLE'S COMMITTEE (insert the name of the administrative unit competent to issue the Certificate) SIGNING ON BEHALF OF CHAIRPERSON VICE CHAIRPERSON Signature and seal of the People's Committee and full name of the signer; |
Agencies working under the regime of heads | PEOPLE'S COMMITTEE. (insert the name of the administrative unit competent to issue the Certificate) CHAIRPERSON Signature and seal of the People's Committee and full name of the signer; or PEOPLE'S COMMITTEE. (insert the name of the administrative unit competent to issue the Certificate) SIGNING ON BEHALF OF CHAIRPERSON VICE CHAIRPERSON Signature and seal of the People's Committee and full name of the signer; |
The Department of Natural Resources and Environment is authorized by the People's Committee of the province to sign and issue the Certificate | ON BEHALF OF PEOPLE'S COMMITTEE. (insert name of provincial administrative unit) TUQ. CHAIRPERSON DIRECTOR OF RESOURCES AND ENVIRONMENTAL DEPARTMENT Signature, stamp of the Department of Natural Resources and Environment and full name of the signer; |
The Department of Natural Resources and Environment signs and issues the Certificate according to its competence | DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT (insert name of provincial administrative unit) DIRECTOR Signature, stamp of the Department of Natural Resources and Environment and full name of the signer. In case the Vice Director of the Department signs the Certificate, the following records shall be recorded: DEPARTMENT OF RESOURCES AND ENVIRONMENT... (insert name of provincial administrative unit) SIGNING ON BEHALF OF DIRECTOR VICE DIRECTOR Signature, stamp of the Department of Natural Resources and Environment and full name of the signer; |
Land registration office signs and issues certificates according to its competence | LAND REGISTRATION OFFICE... (insert name of Land Registration Office) DIRECTOR Signature, stamp of the Land Registry Office and full name of the signer. In case the Vice Director of the Land Registration Office signs the Certificate, the following records shall be recorded: LAND REGISTRATION OFFICE. (insert name of Land Registration Office) SIGNING ON BEHALF OF DIRECTOR VICE DIRECTOR Signature, stamp of the Land Registration Office and full name of the signer; |
The branch of the Land Registration Office signs and issues the Certificate according to its competence | BRANCH OF LAND REGISTRATION OFFICE. (insert name of Branch of Land Registration Office) DIRECTOR Signature, stamp of the branch of the land registration office and full name of the signer. In case the Vice Director of the Branch of the Land Registration Office signs the Certificate, the following records shall be recorded: BRANCH OFFICE FOR LAND REGISTRATION. (insert name of branch of land registration office) SIGNING ON BEHALF OF DIRECTOR VICE DIRECTOR Signature, stamp of the branch of the land registration office and full name of the signer. |
(2) Modifying the way of recording numbers in the book of granting certificates of land use rights, ownership of houses and other land-attached assets
Pursuant to Clause 2, Article 1 of Circular No. 02/2023/TT-BTNMT, the number entered in the Certificate granting book is written in alphanumeric (which is the ordinal number entered in the Certificate issuance book).
As follows:
Case | How to write |
Certificate issued by district-level People's Committee | Write the letter “CH”, then write the ordinal number in the Certificate issuance book, consisting of 5 digits and followed by the ordinal number of the issued Certificate according to Circular No. 17/2009/TT-BTNMT |
Certificate issued by Provincial People's Committee or Department of Natural Resources and Environment | Write the word “CT”, then write the ordinal number in the Certificate granting book consisting of 5 digits made for each provincial administrative unit and followed by the ordinal number of the issued Certificate according to Circular No. 17/ 2009/TT-BTNMT; In case the Land Registration Office issues a Certificate according to the provisions of Point a, Clause 1, Article 37 of Decree No. 43/2014/ND-CP (amended and supplemented in Clause 5, Article 1 of Decree No. 10/2023/ND) -CP), then write the word "CT", then the ordinal number shall be recorded in the certificate-issuing book, consisting of 5 digits, made according to each provincial-level administrative unit and followed by the ordinal numbering system in the Certificate-issuing book specified at this point. |
The certificate is issued by the Land Registration Office according to the provisions of Point b, Clause 1, Article 37 of Decree No. 43/2014/ND-CP (amended and supplemented in Clause 5, Article 1 of Decree No. 10/2023/ND-CP) | Write the word "VP", then write the ordinal number in the Certificate-issuing book, consisting of 5 digits made for each commune-level administrative unit and followed by the ordinal numbering system in the Certificate-issuing book for other commune-level administrative units. cases issued by the district-level People's Committees |
Certificate issued by the branch of the Land Registration Office according to the provisions of Point b, Clause 1, Article 37 of Decree No. 43/2014/ND-CP (amended and supplemented in Clause 5, Article 1 of Decree No. 10/2023/ND-CP) | Write the letter “CN”, then write the ordinal number in the Certificate-issuing book, consisting of 5 digits made for each commune-level administrative unit and followed by the ordinal numbering system in the Certificate-issuing book for other communes. cases issued by the district-level People's Committees |
(3) Amendment of the authority to issue a certificate for some cases confirming the change in the issued Certificate due to change of land use purpose
According to Clause 3, Article 17 of Circular No. 23/2014/TT-BTNMT supplemented by Clause 15, Article 6 of Circular No. 33/2017/TT-BTNMT, in case of confirmation of change in the issued Certificate due to change of use purpose land as prescribed at Point n Clause 1, Point b Clause 2 Article 17 of Circular No. 23/2014/TT-BTNMT:
The natural resources and environment agency is responsible for carrying out the procedures and transferring the dossier to the following agencies for granting a decision on permitting the change of land use purpose and granting a certificate:
- Land registration office, Branch land registration office to write the Certificate;
- The People's Committee of the same level shall decide.
Thus, this content has been amended by Clause 2, Article 1 of Circular No. 02/2023/TT-BTNMT. Specifically:
For the cases specified at Point n, Clause 1 and Point b, Clause 2 of this Article, the natural resources and environment agency is responsible for carrying out the procedures specified in Clause 2, Article 69 of Decree No. 43/2014/ND- CP, then transfer the dossier to the agency specified in Article 37 of Decree No. 43/2014/ND-CP (amended and supplemented in Clause 5, Article 1 of Decree No. 10/2023/ND-CP) to carry out the issuance of the Certificate.
(4) Amendment of regulations on the agency implementing the certification of changes to the issued Certificate
In Clause 3, Article 1 of Circular No. 02/2023/TT-BTNMT, the regulations on the agency performing the certification of changes to the issued Certificate have been amended as follows:
- In case of changes specified in Clause 1, Article 17 of Circular No. 23/2014/TT-BTNMT and not in the case of correction:
+ By the agency specified in Clause 1, Article 37 of Decree No. 43/2014/ND-CP.
+ For localities that have not yet established a land registration office, the land use right registration office established in accordance with the 2003 land law shall continue to confirm changes to the granted Certificate according to the assigned functions and tasks.
- In case of correction of errors in the issued Certificate:
+ Authorities competent to issue Certificates in Article 105 of the Land Law and Article 37 of Decree No. 43/2014/ND-CP shall implement.
+ In case of additional certification of ownership of land-attached assets to the issued Certificate:
The certificate shall be issued by the competent authority under the provisions of Article 37 of Decree No. 43/2014/ND-CP.
(5) Amending and supplementing regulations on granting certificates of land use rights, ownership of houses and other land-attached assets for the increased land area
For the case where the original land plot and the additional land area have already obtained a Certificate, the agency specified in Article 37 of Decree No. 43/2014/ND-CP (amended and supplemented in Clause 5, Article 1 of Decree No. 2023/ND-CP) signed for the Certificate.
According to current regulations, in this case, the land registration office shall submit to the Department of Natural Resources and Environment to sign and issue the Certificate or sign for the issuance of the Certificate for cases authorized under regulations.
What is the new point of issuance of land use right certificates in Vietnam at Circular No. 02/2023/TT-BTNMT amending Circular No. 24/2014/TT-BTNMT? (Image from the Internet)
How has the phrase General Department of Land Management been replaced?
Pursuant to Clause 2, Article 3 of Circular No. 02/2023/TT-BTNMT stipulating as follows:
Terms enforcement
...
2. Replace the phrase "General Department of Land Management" with "Department of Land Registration and Data" in Article 4 and Clause 1, Article 25 of Circular No. 23/2014/TT-BTNMT dated May 19. 2014 stipulates on certificates of land use rights and ownership of houses and other land-attached assets.
According to that, the phrase "General Department of Land Management" becomes "Department of Land Information and Registration".
From what date is Circular No. 02/2023/TT-BTNMT applied?
Regarding the effect, Article 3 of Circular No. 02/2023/TT-BTNMT has the following provisions:
Terms enforcement
1. This Circular takes effect from May 20, 2023.
2. Replace the phrase "General Department of Land Management" with "Department of Land Registration and Data" in Article 4 and Clause 1, Article 25 of Circular No. 23/2014/TT-BTNMT dated May 19, 2014 on certificates of land use rights and ownership of houses and other land-attached assets.
3. This Circular No. annuls the following provisions:
a) To annul Clause 1, Article 18 of Circular No. 02/2015/TT-BTNMT dated January 27, 2015 detailing a number of articles of Decree No. 43/2014/ND-CP and Decree No. 44/2014 /ND-CP dated May 15, 2014 of the Government;
b) To annul Clauses 13 and 15 Article 6, Clause 7 Article 7 of Circular No. 33/2017/TT-BTNMT dated September 29, 2017 detailing Decree No. 01/2017/ND-CP dated May 6 In January 2017, the Government amended and supplemented a number of decrees detailing the implementation of the Land Law and amending and supplementing a number of articles of the Circular No.s guiding the implementation of the Land Law.
Thus, the new Circular amending regulations on certificates of land use rights, ownership of houses and other land-attached assets, and cadastral records will be officially applied from May 20, 2023.
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