What are some amendments to regulations on granting land use right certificates from May 20, 2023 in Vietnam?

What are some amendments to regulations on granting land use right certificates from May 20, 2023 in Vietnam?

On May 15, 2023, the Ministry of Natural Resources and Environment issued Circular 02/2023/TT-BTNMT amending Circular 23/2014/TT-BTNMT providing for certificates of land use rights and ownership rights. houses and other assets attached to land and amending Circular 24/2014/TT-BTNMT regulating cadastral records.

Accordingly, Circular 02/2023/TT-BTNMT has amended some notable contents such as:

- Change the way of recording the content of the signature and numbering in the book of granting the Certificate of land use rights and ownership of houses and other land-attached assets.

- Amendment of regulations on the agency performing the certification of changes to the issued Certificate

- Amending and supplementing regulations on granting certificates of land use rights and ownership of houses and other land-attached assets for the increased land area.

- Amendment of the authority to issue the Certificate for some cases of confirmation of changes in the issued Certificate due to change of land use purpose.

Specifically, Circular 02/2023/TT-BTNMT has amended 03 articles of Circular 23/2014/TT-BTNMT and added Article 9a to Circular 24/2014/TTBTNMT.

In addition, Circular 02/2023/TT-BTNMT also abolishes a number of articles and clauses of Circular 02/2015/TT-BTNMT and Circular 33/2017/TT-BTNMT.

What does application file in case the increased land area has not been issued with a land use right certificate in Vietnam comprise?

In Article 2 of Circular 02/2023/TT-BTNMT, application file in case the increased land area has not been issued with a land use right certificate includes:

1. The issuance of the Certificate is applied to the entire area of ​​the land plot in use (including the original land plot area and the increased land area).

2. Dossier for grant of Certificate in case the land area is increased due to the receipt of transfer, inheritance or donation of the certificated land use right:

a) In case the original land plot has been granted a Certificate:

- An application for re-issuance or replacement of the Certificate of land use rights and ownership of houses and other land-attached assets, made according to Form No. 10/DK for the entire area of ​​the land parcel being used;

- The original certificate of the original land plot;

- The original certificate and the contract, document on the transfer, inheritance or donation of land use rights made according to the provisions of the increased land area. In case of receiving transfer, inheritance or donation of the increased land area as prescribed in Clause 2, Article 82 of Decree No. 43/2014/ND-CP, the original certificate of the transferor of land use rights shall be submitted or contracts, documents on the transfer, inheritance or donation of land use rights of the increased land area.

b) In case the original land plot has not been granted a Certificate:

- An application for registration and issuance of a certificate of land use rights and ownership of houses and other land-attached assets, made according to Form No. 04a/ DK for the entire area of ​​the land plot being used;

- One of the documents specified in Article 100 of the Land Law , Article 18 of Decree No. 43/2014/ND-CP and Clause 16, Article 2 of Decree No. 01/2017/ND-CP of the original land parcel ;

- One of the documents specified in Articles 31, 32, 33 and 34 of Decree No. 43/2014/ND-CP for registration of ownership of property on land.

In case of registration of ownership of a house or construction work, a diagram of the house or construction work is required, unless the document on ownership of the house or construction work already has a suitable diagram. suitable with the current status of houses and constructions;

- Proof of financial obligations; papers related to the exemption or reduction of financial obligations on land and properties attached to land (if any);

- In case of registration of limited use right to the adjacent land plot, there must be a contract or written agreement or decision of the People's Court on the establishment of the limited use right to the adjacent land parcel enclosed with a diagram showing the location and size of the portion of the land plot that the users of the adjacent land parcel have limited use rights;

- The original certificate and the contract, document on the transfer, inheritance or donation of land use rights made according to the provisions of the increased land area. In case of receiving transfer, inheritance or donation of the increased land area as prescribed in Clause 2, Article 82 of Decree No. 43/2014/ND-CP , the original certificate of the transferor of land use rights shall be submitted or contracts, documents on the transfer, inheritance or donation of land use rights of the increased land area.

3. Dossier submitted in case the additional land area has not yet been granted a Certificate:

a) In case the increased land area is due to the transfer, inheritance or donation of land use rights before July 1, 2014, but the increased land area has the land use right documents specified in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/ND-CP and Clause 16, Article 2 of Decree No. 01/2017/ND-CP:

- An application for registration and issuance of a certificate of land use rights and ownership of houses and other land-attached assets, made according to Form No. 04a/ DK for the entire area of ​​the land plot being used;

- The original certificate of the original land plot or the papers specified in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/ND-CP and Clause 16, Article 2 of Decree No. 01/2017/ND -CP of the original land plot in case the original land plot has not been issued with a Certificate;

- One of the papers specified in Article 100 of the Land Law , Article 18 of Decree No. 43/2014/ND-CP and Clause 16, Article 2 of Decree No. 01/2017/ND-CP of the land area increase;

- One of the documents specified in Articles 31, 32, 33 and 34 of Decree No. 43/2014/ND-CP for registration of ownership of property on land.

In case of registration of ownership of a house or construction work, a diagram of the house or construction work is required, unless the document on ownership of the house or construction work already has a suitable diagram. suitable with the current status of houses and constructions;

- Proof of financial obligations; papers related to the exemption or reduction of financial obligations on land and properties attached to land (if any);

- In case of registration of limited use right to the adjacent land plot, there must be a contract or written agreement or decision of the People's Court on the establishment of limited use right of the adjacent land parcel, enclosed with a diagram showing the location and size of the area of ​​the land plot that the users of the adjacent land parcel have limited use rights;

b) In case the land area is increased without land use right documents as prescribed in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/ND-CP and Clause 16, Article 2 of Decree No. 43/2014/ND-CP:

- An application for registration and issuance of a certificate of land use rights and ownership of houses and other land-attached assets, made according to Form No.04a/ DK for the entire area of ​​the land plot being used;

- The original certificate of the original land plot or the papers specified in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/ND-CP and Clause 16, Article 2 of Decree No. 01/2017/ ND-CP of the original land plot in case the original land plot has not been granted a Certificate;

- One of the documents specified in Articles 31, 32, 33 and 34 of Decree No. 43/2014/ND-CP for registration of ownership of property on land.

In case of registration of ownership of a house or construction work, a diagram of the house or construction work is required, unless the document on ownership of the house or construction work already has a suitable diagram. suitable with the current status of houses and constructions;

- Proof of financial obligations; papers related to the exemption or reduction of financial obligations on land and properties attached to land (if any);

- In case of registration of limited use right to the adjacent land plot, there must be a contract or written agreement or decision of the People's Court on the establishment of limited use right of the adjacent land parcel, enclosed with The diagram shows the location and size of the area of ​​the land plot that the users of the adjacent land parcel have limited use rights.

4. In case the original land plot and the increased land area already have a Certificate, the agency specified in Article 37 of Decree No. 43/2014/ND-CP (amended and supplemented in Clause 5, Article 1 of the Decree No. 43/2014/ND-CP) Decree No. 10/2023/ND-CP) signed and granted the Certificate.

In case the original land plot or the additional land area or the entire area of ​​the original land plot and the increased land area have not been granted a Certificate, the branch of the land registration office or the land use right registration office shall prepare documents for the Division of Natural Resources and Environment to submit to the district-level People's Committee for signing and granting the Certificate.

When is Circular 02/2023/TT-BTNMT effective in Vietnam?

In Article 3 of Circular 02/2023/TT-BTNMT, there are provisions on the implementation provisions of this Circular as follows:

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 stipulates on certificates of land use rights and ownership of houses and other land-attached assets.

3. This Circular 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 circulars guiding the implementation of the Land Law.

Thus, Circular 02/2023/TT-BTNMT takes effect from May 20, 2023 in Vietnam.

Best Regards!