The time limit for amendment, updating of cadastral records in Vietnam from August 1, 2024
Time limit for amendment, updating of cadastral records in Vietnam from August 1, 2024 (Image from the Internet)
On July 31, 2024, the Minister of Natural Resources and Environment issued Circular 10/2024/TT-BTNMT stipulating the regulations on cadastral records, certificates of land use rights, and ownership of property affixed to the land in Vietnam.
Article 22 of Circular 10/2024/TT-BTNMT specifies the time limit for amendment, updating of cadastral records in Vietnam as follows:
* For cases of regular land registration, including initial land registration and changes registration, the following steps apply for the amendment and update of cadastral records:
- In areas where the land database has been established, amendments and updates to the digital cadastral records will be undertaken simultaneously with the registration procedure as follows:
+ Update land registration information, property affixed to the land, and scan documents related to land-use rights, ownership of property affixed to the land, and land allocation documents for management (if any) after receiving a complete and consistent application as per regulations;
+ Update results of cadastral map amendments or cadastral map parcel measurements and cadastral books for cases requiring cadastral measurements;
+ Update results of application checks after the competent authority completes the inspection;
+ Update information on the fulfillment of financial obligations by land users after receiving financial obligation receipts, or documents from the competent authority on debt recording or financial obligation exemptions or reductions as per regulations;
+ Scan and enter additional information into the cadastral records for certificates that have been issued or have recorded changes; in the case of initial land registration without a demand or eligibility for issuance of a certificate, enter additional information according to the regulations for non-issuance cases;
+ Inspect the amendments, update, extract data into the land register, and approve the pages of the established or amended land register;
- In areas where the land database has not been established, the amendments and updates to the cadastral records will be as follows:
+ For initial registration, certificate issuance, or change registration, amend, update the cadastral records, and copy the certificate for storage before delivering the certificate to the recipient;
+ For initial land registration cases not eligible for certificate issuance or without a demand for certificate issuance, amend, update the cadastral records after receiving the application from the competent authority;
+ For land registration cases for lands allocated for management, amend, update the cadastral records after completing the inspection according to authority or receiving the application from the competent authority.
* For land recovery cases, based on the implemented land recovery files (land handover on the ground) to amend the cadastral records in the following steps:
- Amend the cadastral map or cadastral map parcel measurement and amend the cadastral books for cases of partial parcel recovery based on the on-ground handover area;
- Confirm the recovery in the issued certificate for archive purposes; in cases of partial parcel recovery, scan or copy the certificate with the recovery confirmation for archival;
- Amend, update the land register. In areas where the land database has been established, inspect the updated information; extract into the land register and approve the amended land register pages.
* For land allocation and land lease cases (including through land use rights auctions, project investment bidding with land use), amend, update the cadastral records after on-ground land handover as follows:
- Inspect, amend the cadastral map or cadastral map parcel measurement and cadastral books to match the on-ground land handover status;
- Update registration information from the executed land allocation, land lease files into the land register;
- Scan or copy and enter additional information into the cadastral records about the signed certificate for archival before delivering to the recipient;
- Inspect the information update, extract into the land register, and approve the established land register pages in areas where the land database has been established.
* For re-issuance of certificates due to loss, amend, update the cadastral records linked to the procedure as follows:
- Update information about the lost certificate into the land register after reissuing the certificate;
- Scan or copy and enter additional information into the cadastral records about the decision to cancel the lost certificate and the reissued certificate before delivering to the recipient;
- Inspect the information update, extract into the land register, and approve the amended land register pages in areas where the land database has been established.
* For renewal of certificates or correction of issued certificates, amend, update the cadastral records as follows:
- In areas where the land database has been established, amend, update the cadastral records linked to the procedure as follows:
+ Enter registration information about certificate renewal or correction; scan issued certificates after receiving complete, consistent applications as per regulations if not already scanned;
+ Enter results of application checks after the competent authority completes the inspection;
+ Scan and enter additional information for renewed certificates, corrected certificates before delivering to the recipient;
+ Inspect the information update, extract into the land register, and approve the established land register pages;
- In areas where the land database has not been established, implement the tasks specified in Point a, Clause 5, Article 22 of Circular 10/2024/TT-BTNMT after the competent authority has signed the renewal or correction of the certificate before delivering to the recipient.
For more details, refer to Circular 10/2024/TT-BTNMT which comes into force in Vietnam from August 1, 2024.
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