What is cadastral dossier? Legal validity of cadastral dossiers in Vietnam

What is cadastral dossier? Legal validity of cadastral dossiers in Vietnam (Internet image)

1. What is 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. Composition of cadastral dossiers

2.1 For places where cadastral database has been established in Vietnam

Pursuant to Clause 1, Article 4 of Circular 24/2014/TT-BTNMT, for places where cadastral database has been established, cadastral dossiers shall be compiled under digital format and stored in land database, including:

(1) Cadastral surveying documents, including cadastral maps and land cataloging books

In there:

- Cadastral map is a map that shows the land parcels and related geographic elements, and is made according to administrative units of communes, wards or townships, and certified by a competent state agency.. (Clause 4, Article 3 of the Land Law 2013)

- A land-itemizing book is made to list land parcels and land occupiers that do not constitute a land parcel according to the results of the measurement, drawing, correction of cadastral maps, and cadastral measurements of the land plot within the commune-level administrative unit. (Clause 1, Article 20 of Circular 25/2014/TT-BTNMT)

(2) Cadastral book

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.

(Clause 1, Article 21 of Circular 24/2014/TT-BTNMT)

(3) File copy of Certificates

Pursuant to Clause 4, Article 3 of Circular 24/2014/TT-BTNMT, certificate is the common name of the certificates of land use rights, including:

- Certificates of land use rights;

- Certificate of ownership of houses and land use rights;

- Certificates of land use rights, ownership of houses and other property on land in accordance with legislation on land, legislation on houses.

2.2 For places where cadastral database has not established in Vietnam

According to Clause 2, Article 4 of Circular 24/2014/TT-BTNMT, for places where cadastral database has not established, cadastral dossiers shall include:

- Documents defined in items (1) and (3) of Section 2.1 under paper form and digital form (if any);

- Documents defined in item (2) of Section 2.1 under paper form and digital form;

- Logbook of land changes under paper form.

3. Legal validity of cadastral dossiers in Vietnam

Article 7 of Circular 24/2014/TT-BTNMT stipulates the legal validity of cadastral dossiers in Vietnam as follows:

- 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.

Van Trong

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