Decentralization of cadastral dossiers in Vietnam

Decentralization of cadastral dossiers in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Decentralization of cadastral dossiers in Vietnam

Decentralization of cadastral dossiers according to Article 29 of Circular 24/2014/TT-BTNMT as follows:

- Management of digital cadastral dossiers shall be as follows:

+ Branch of land registration offices or land use right registration offices at district level shall manage the digital cadastral dossiers of central-affiliated cities and provinces.

+ For the district, town and city in the province establishing cadastral databases without connecting to cadastral database of central-affiliated cities and provinces, the Branch of land registration Office or land use right registration offices shall manager the local digital cadastral dossier.

- Decentralization of paper cadastral dossiers shall be as follows:

+ Land registration office or land use right registration office at province level shall manage documents including:

++ A stored Certificate ; issuance book of Certificate for organizations, religious institutions, foreign individuals, foreign-invested enterprises, foreign organizations with diplomatic functions, oversea Vietnamese carrying out the investment project;

++ The system of registration application of the entities under competence in receipt and land registration;

++ Cadastral maps and other maps and measurements documents which are being used for registration, issuance of certificate;

++ System of cadastral books which are being used, prepared for those registering under the competence;

++ Cadastral dossiers which are compiled over the time and are not used often in land management;

+ Branch of land registration office or land use right registration Office at district level shall manage documents including:

++ A stored Certificate; issuance books of Certificate for households and individuals , communities, oversea Vietnamese entitled to own houses in Vietnam;

++ The system of registration application of the entities under competence in receipt and land registration;

++ Cadastral maps and other maps and measurements documents which are being used for registration, issuance of certificate;

++ Cadastral books complied for entities under the competence in registration and land-itemizing books which are being used in the management of land for places which have not established cadastral database;

+ People’s Committees of communes (directly cadastral officers) shall manage copies of cadastral maps, cadastral books, land-itemizing land, and book of receipt and return of registration results, issuance Certificate of rights to use land, ownership of land and property on land for submission of the registration application in People’s Committees of communes.

- The Service of Natural Resources and Environment, the Division of Natural Resources and Environment, People’s Committees of communes shall meet conditions for the preservation of cadastral dossier under their management competence as assigned.

2. Regulations on preservation of cadastral dossiers in Vietnam

Regulations on preservation of cadastral dossiers according to Article 30 of Circular 24/2014/TT-BTNMT are as follows:

- Digital cadastral dossiers shall be managed and ensured safety along with the management and safety guarantee of cadastral database as prescribed by the Ministry of Natural Resources and Environment on establishment of land database.

- Paper cadastral dossiers shall be stored as follows:

+ Cadastral dossiers shall be grouped to preserve including:

++ Cadastral maps; cadastral measurements of the land plot; other measurement documents which are used for land registration, ;

++ Stored Certificates ;

++ Registration application of land, property on land;

++ Cadastral books, land-itemizing books, issuance books of Certificates;

++ Other documents;

+ System of registration application of land, property on land specified in Paragraph 2 of Article 23 of Circular 24/2014/TT-BTNMT shall be arranged and numbered in order of time of being recorded in the cadastral book of first-time registration application; numbers shall consists of 06 numbers and is numbered after the number of the dossiers compiled prior to the date this Circular takes effect.

- Preservation duration of cadastral records is defined as follows:

+ Permanent preservation for digital cadastral dossiers and memory devices containing digital cadastral dossiers; the compiled paper documents including:

Documents of cadastral measurement, land-itemizing books, issuance books of Certificate, the stored Certificate ; registration application of land, property on land as stipulated in Article 23 of Circular 24/2014/TT-BTNMT, except for cases specified in clause b of this paragraph;

+ Preservation within 5 years for registration application of lease, sublease, mortgage registration with land use rights, ownership of property on land deregistered lease, sublease, deleted mortgage ; papers publicizing the results of verification of application for registration ,issuance of Certificate; notification of the update, readjustment of cadastral dossiers and other enclosed documents .

- The management and safety guarantee of paper cadastral dossiers and memory devices shall comply with the provisions of the legislation on national archives.

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