Inspection content of cadastral dossiers under the law in Vietnam

Inspection content of cadastral dossiers under the law in Vietnam (Internet image)

1. What is a cadastral dossier?

According to Clause 1, Article 3 of Circular 24/2014/TT-BTNMT, the cadastral dossier is a collection of documents showing detailed information on the current conditions and the legal status of the management and use of land plots, property on land to serve State management requirements for land and information needs of the involved organizations and individuals.

2. Inspection content of cadastral dossiers in Vietnam

Specifically, in 2 Article 28 of Circular 24/2014/TTBTNMT, the inspection content of cadastral dossiers shall include:

- Inspection of the presentation of cadastral dossiers;

- Inspection of the consistency of information among documents, including:

+ The unification of information on numbers, area and land type between measurement documents to register and land+itemizing book;

+ The unification of information on use purpose as planning between land –itemizing book and land+use planning map ;

+ The unification of information on numbers, area and land type between cadastral book and land+itemizing book;

+ The unification of first+time registration information between cadastral dossiers and registration procedures of land , property on land and stored copy of Certificate or scan of Certificate stored in cadastral database ( if any);

+ The unification of change registration information between change registration application and cadastral dossiers , stored copy ( or scan) of Certificate, use measurement documents, land+itemizing book;

+ The unification of the readjustment of the boundaries, area of the land plot between the land change registration application and cadastral map (or other measurement documents used to register);

- Inspection of the completeness of contents of each document shall include:

+ Inspection of numbers of land plot entered the land+itemizing book;

+ Inspection of the number of initial registration application, change registration application of land and property on land which have been updated, readjusted in cadastral book;

+ Inspection of the number of scans of Certificates and legal documents on land use rights, ownership of property on land stored in cadastral compared with the number of current documents of the same type ;

- Inspection content of measurement and drawing cadastral maps, land+itemizing book shall comply with the provisions of the cadastral map of the Ministry of Natural Resources and Environment.

3. Regulations on the composition of cadastral dossiers in Vietnam

According to Article 4 of Circular 24/2014/TT-BTNMT, the composition of cadastral dossiers includes:

- For places where cadastral database has been established, cadastral dossiers shall be compiled under digital format and stored in land database, including:

+ Cadastral investigation documents including cadastral maps and land-itemizing books;

+ Cadastral books

+ File copy of Certificates

- For places where cadastral database has not established, cadastral dossiers shall include:

+ Documents defined in points a and c, Clause 1 of Circular 24/2014/TT-BTNMT under paper form and digital form (if any);

+ Documents defined in point are b, Clause 1 of Circular 24/2014/TT-BTNMT under paper form and digital form;

+ Logbook of land changes under paper form.

4. Legal validity of cadastral dossiers in Vietnam

- Cadastral dossiers shall be a basis to determine the rights and obligations of land users, owners of property on land, persons assigned to manage land by the State as prescribed by legislation on land.

- Cadastral dossiers in paper and digital forms shall have the same legal value.

- If there is a discrepancy between the information among documents of cadastral dossiers, inspection and compilation of documents in the cadastral dossiers and registration application shall be carried out to determine information having legal values ​​as a basis for adjusting uniformly the cadastral dossiers.

- If new cadastral map is drawn to replace documents, measurement figures which were used to register before, determining the legal value of the information shall be as follows:

+ If the Certificates have been re-issued according to the new cadastral maps, the information’s legal value shall be determined according to results of the granted certificate;

+ If the Certificates have not been re-issued according to the new maps, determining shall be as follows:

++ Information on the land users, information on land use right shall be determined according to the granted Certificate ; If the granted Certificate does not show the information, It shall be granted based on cadastral books and registration application for registration ;

++ Information on the boundary (shape, size of edge of the land plot, vertex coordinates of the land plot), the area of ​​the land plot shall be determined by the new cadastral maps;

If the actual boundaries of the land plot on the new cadastral maps have had changes compared with the boundary shown on the granted Certificate, the legal information about boundaries and land use area shall be determined by the granted Certificate.

(Article 7 of Circular 24/2014/TT-BTNMT)

Thanh Rin

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