Vietnam: What are the contents of cadastral books under the latest regulations? What are the procedures for updating and readjusting changes in cadastral books?
What is the definition of a cadastral book in Vietnam?
Pursuant to Clause 1, Article 21 of Circular 24/2014/TT-BTNMT, the cadastral book is defined as follows:
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.
Thus, based on the above provisions, the cadastral book is a type of book made 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.
The 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 Form 01/DDK enclosed with Circular 24/2014/TT-BTNMT (here).
What are the contents of cadastral books in Vietnam under the latest regulations?
Pursuant to Clause 2, Article 21 of Circular 24/2014/TT-BTNMT, the contents of cadastral books in Vietnam include the following data:
- Data on the number, address area ofa land plot or trespassed land;
- Data on the land users, person assigned to manage the land by the State;
- Data on land use right, land management rights;
- Data on property on land (including data on the owners of property on land);
- Data on the legal status of land use rights, ownership of property on land;
- Data on changes in the land use and ownership of property on land
What are the procedures for updating and readjusting changes in cadastral books in Vietnam?
Pursuant to the provisions of Article 26 of Circular 24/2014/TT-BTNMT, the procedures for updating and readjusting changes in cadastral dossiers in Vietnam are prescribed as follows:
- 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:
+ For places that have established cadastral databases, 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 rights, land management right, and 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 the 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;
+ Places that have not established a 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, the 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 be managed by the State, cadastral dossiers shall be updated and readjusted after inspection of the dossier is completed within the competence.
- In case of land withdrawal, the made land withdrawal records (land transfer on real land) shall be based on readjusting the cadastral dossiers in the following order:
+ 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) ;
+ Confirm the revocation of 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;
+ Update, and 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 the cadastral book.
- In the case of land allocation and land lease (including cases through auctions of land use rights), the cadastral dossier shall be updated, readjusted after transfer of land on the real land in the following order:
+ 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;
+ Update registration information from record of land allocation, land lease, land use right auction which is entered into cadastral book;
+ Scan or copy and enter additional information on the cadastral dossiers about the signed Certificates to store before giving it to the grantee;
+ Inspect the update of information, extract into the cadastral book and sign to approve on the compiled page of the cadastral book for places establishing the cadastral database.
- 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:
+ Update information on the loss of Certificates in the cadastral book after receiving the application for reissuance the lost Certificate;
+ 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;
+ Inspect the update of information, extract into the cadastral book and sign to approve on the readjusted page of the cadastral book for places establishing the cadastral database.
- In case of replacement or revision of the granted Certificate, update and readjustment of cadastral dossiers shall be carried out in the following order:
+ For places that 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, and 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 the replacement of Certificate, the revised Certificate before giving it to the grantee;
++ Inspect the update of information, extract it into the cadastral book and sign to approve on the compiled page of cadastral book for places establishing the cadastral database;
+ For places that have not established the cadastral database, tasks specified in Point a, Clause 5, Article 26 of Circular 24/2014/TT-BTNMT shall be fulfilled after the competent authority signs to replace the Certificate or revise the Certificate before it is given to the grantee.
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