Circular 02/2023/TT-BTNMT amending Circular 23 on the issuance of land use rights certificates, ownership of houses and other assets attached to land, cadastral records
Circular 02/2023/TT-BTNMT amending Circular 23/2014/TT-BTNMT on issuing land use rights certificates, ownership of houses, and other assets attached to land, cadastral records?
On May 15, 2023, the Ministry of Natural Resources and Environment issued Circular 02/2023/TT-BTNMT amending and supplementing several articles of Circular 23/2014/TT-BTNMT, which provides for the Certificate of land use rights, house ownership, and other assets attached to land and amends several articles of Circular 24/2014/TT-BTNMT.
The Circular has highlighted some notable contents as follows:
(1) Changing the section of signing and recording the number in the book of issuing Certificates of land use rights, house ownership, and other assets attached to land
- For certificates issued by the Land Registration Office according to the provisions at point b, clause 1, Article 37 of Decree 43/2014/ND-CP (as amended and supplemented at clause 5, Article 1 of Decree 10/2023/ND-CP), the letters "VP" are recorded, followed by a sequential number in the book of issuing certificates, consisting of 5 digits set up according to each administrative unit at commune level and continued sequentially in the book of issuing certificates for cases issued by the District People's Committee.
- For certificates issued by the Branch of the Land Registration Office according to the provisions at point b, clause 1, Article 37 of Decree 43/2014/ND-CP (as amended and supplemented at clause 5, Article 1 of Decree 10/2023/ND-CP), the letters "CN" are recorded, followed by a sequential number in the book of issuing certificates, consisting of 5 digits set up according to each administrative unit at commune level and continued sequentially in the book of issuing certificates for cases issued by the District People's Committee.
(2) Supplementing regulations on dossiers for issuing land use certificates in case of increased land area (for cases where the original parcel has been issued a certificate) includes:
- Application form for replacement or re-issuance of the certificate according to Form No. 10/DK for the entire area of the parcel being used.
- The original certificate of the original parcel.
- The original certificate and the contract, document regarding the transfer, inheritance, or gifting of land use rights in accordance with the increased land area.
In case of receiving the transfer, inheritance, or gift of the increased land area according to the provisions at clause 2, Article 82 of Decree 43/2014/ND-CP, the original certificate of the transferor or the contract, document regarding the transfer, inheritance, or gifting of land use rights of the increased land area must be submitted.
Circular 02/2023/TT-BTNMT amending Circular 23/2014 on issuing land use rights certificates, ownership of houses, and other assets attached to land, cadastral records? (Image from the Internet)
Changes in regulations on the agency implementing the modification confirmation in the issued certificates?
The agency implementing the modification confirmation in the already issued Certificate is stipulated at Article 19 of Circular 23/2014/TT-BTNMT, as amended and supplemented by clause 3, Article 1 of Circular 02/2023/TT-BTNMT as follows:
Agency implementing the modification confirmation in the already issued Certificate
1. Agencies implementing the modification confirmation in the already issued Certificate are stipulated as follows:
a) In case of changes stipulated at clause 1, Article 17 of this Circular and not falling under cases stipulated at point b of this clause, the confirmation is done by the agency stipulated at clause 1, Article 37 of Decree 43/2014/ND-CP (as amended and supplemented at clause 5, Article 1 of Decree 10/2023/ND-CP).
For localities that have not yet established a Land Registration Office according to the provisions at points a and b, clause 1, Article 5 of Decree 43/2014/ND-CP (as amended and supplemented at clause 4, Article 2 of Decree 01/2017/ND-CP), the Land Use Rights Registration Office established under the provisions of the 2003 Land Law continues to implement the modification confirmation in the already issued certificate according to its assigned functions and tasks.
b) In case of correction of errors in the content of the already issued certificate, the modification is done by the authority that issued the Certificate according to Article 105 of the Land Law and Article 37 of Decree 43/2014/ND-CP (as amended and supplemented at clause 5, Article 1 of Decree 10/2023/ND-CP). The additional certification of ownership of assets attached to land in the already issued certificate is done by the authority that issued the certificate according to Article 37 of Decree 43/2014/ND-CP (as amended and supplemented at clause 5, Article 1 of Decree 10/2023/ND-CP).
2. The agency stipulated at clause 1 of this Article records the date, signs, stamps, and writes the name and title of the signatory in the "Confirmation of the competent authority" column.
Thus, the regulation on the agency implementing the modification confirmation in the already issued Certificate is revised as stated above.
When will Circular 02/2023/TT-BTNMT be applied?
Regarding the effective date, Article 3 of Circular 02/2023/TT-BTNMT provides as follows:
Implementation provisions
1. This Circular takes effect from May 20, 2023.
2. Replace the phrase "General Department of Land Management" with "Department of Land Registration and Information Data" in Article 4 and clause 1 of Article 25 of Circular 23/2014/TT-BTNMT dated May 19, 2014, on the Certificate of land use rights, house ownership, and other assets attached to land.
3. This Circular annuls the following provisions:
a) Annul clause 1 of Article 18 of Circular 02/2015/TT-BTNMT dated January 27, 2015, detailing several articles of Decree 43/2014/ND-CP and Decree 44/2014/ND-CP dated May 15, 2014, of the Government of Vietnam;
b) Annul clauses 13 and 15 of Article 6, and clause 7 of Article 7 of Circular 33/2017/TT-BTNMT dated September 29, 2017, detailing Decree 01/2017/ND-CP dated January 6, 2017, of the Government of Vietnam amending, and supplementing several decrees detailing the implementation of the Land Law and amending, and supplementing several articles of circulars guiding the implementation of the Land Law.
The new Circular amends regulations on the Certificates of land use rights, house ownership, and other assets attached to land, cadastral records, which are officially applied from May 20, 2023.
Circular 02/2023/TT-BTNMT takes effect from May 20, 2023.
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