Procedures and time of update, readjustment of the change of the cadastral dossiers in Vietnam

Procedures and time of update, readjustment of the change of the cadastral dossiers in Vietnam (Internet image)

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

1. Procedures and time of update, readjustment of the change of the cadastral dossiers in Vietnam

Procedures and time of update, readjustment of the change of the cadastral dossiers in Vietnam according to Article 26 of Circular 24/2014/TT-BTNMT are as follows:

- In case of regular or first-time registration of land, property on land and change registration, cadastral dossiers shall be updated and readjusted as follows:

+ For places which have established cadastral database, update and readjustment of cadastral dossiers shall be carried out along with registration procedures in the following order:

++ Update registration information and scan the legal papers of land use right, land management right, ownership of property on land ( if any) after the receipt of a satisfactory application;

++ Updated results of readjustment of cadastral maps or cadastral measurements of the land plot and land-itemizing book for cases needing cadastral measurement;

++ Update the results of application inspection after completion of inspection within the competence;

++ Updated information on the financial obligations of land users after receipt of payment vouchers of financial obligations or documents of competent authority on the owning or exemption or reduction of financial obligations as prescribed;

++ Scan and enter additional information to the cadastral dossier of the certificate signed to issue or confirmed changes; for the first-time registration and no demand or ineligibility or outside the case of the issuance of Certificate, the additional information shall be entered as prescribed for cases where no certificate is issued;

++ Inspect the update and readjustment; extract into the cadastral book and sign for approval the established or readjusted page of cadastral book;

+ Places which have not established cadastral database, cadastral dossiers shall be updated and readjusted in accordance with the following provisions:

++ In case of first-time registration, issuance of certificate or change registration, cadastral dossiers shall be updated and readjusted and the certificate shall be made copies for storage before it is given to the grantee;

++ In case of first-time registration without being eligible for issuance of Certificates, cadastral dossier shall be updated and readjusted after receiving the written opinion of the competent authorities of the case of ineligibility of issuance of certificate;

+ In case of first-time registration, and land users have no demand for certificates or registration of land assigned to manage by the State, cadastral dossiers shall be updated and readjusted after inspection of the dossier is completed within the competence.

- In case of land withdrawal, the made land withdrawal records (land transfer on real land) shall be based on to readjust the cadastral dossiers in the following order:

+ Readjust cadastral maps or cadastral measurements of the land plot and readjust the land-itemizing book for cases of withdrawal of a part of the land plot according to the area transfer on real land) ;

+ Confirm the revocation the issued certificate to store; in case of withdrawal of a part of the land plot, scan and copy the certificate of confirmation of land withdrawal to store;

+ UPDATE, READJUST cadastral DOSSIERS. For places establishing the cadastral database, inspect the update of information; extract into the cadastral book and sign to approve on the readjusted page of cadastral book.

- In the case of land allocation and land lease (including cases through auctions of land use rights), cadastral dossier shall be updated, readjusted after transfer of land on the real land in the following order:

+ Inspect, readjust cadastral maps or cadastral measurements of the land plot and the land-itemizing book in accordance with current conditions of land transfer on real land;

+ Update registration information from record of land allocation, land lease, land use right auction which is entered into cadastral book;

+ Scan or copy and enter additional information on the cadastral dossiers about the signed Certificates to store before giving it to the grantee;

+ Inspect the update of information, extract into the cadastral book and sign to approve on the compiled page of cadastral book for places establishing the cadastral database.

- In case of reissuance of the lost Certificate, update and readjustment of cadastral dossiers shall be carried out along with procedures in the following order:

+ Update information on the loss of Certificates in the cadastral book after receiving the application for reissuance the lost Certificate;

+ Scan or copy and enter additional information into the cadastral dossier on the decision to cancel the lost Certificate and reissue the certificate before giving to the grantee;

+ Inspect the update of information, extract into the cadastral book and sign to approve on the readjusted page of cadastral book for places establishing the cadastral database.

- In case of replacement or revision of the granted Certificate, update and readjustment of cadastral dossiers shall be carried out in the following order:

+ For places which have established cadastral database, update and readjustment of cadastral dossiers shall be carried out along with registration procedures in the following order:

++ Enter registration information for replacement or revision of the granted Certificate, scan the granted Certificate after receiving a satisfactory application for the case not scanned;

++ Enter the inspection results of application inspection after completion of inspection within the competence;

++ Scan and enter additional information on replacement of Certificate, the revised Certificate before giving it to the grantee;

++ Inspect the update of information, extract into the cadastral book and sign to approve on the compiled page of cadastral book for places establishing the cadastral database;

+ For places which have not established cadastral database, tasks specified in this paragraph shall be fulfilled after the competent authority signs to replace the Certificate or revise in the Certificate before it is given to the grantee.

- The update, revision of cadastral dossiers for cases specified in paragraphs 1, 3, 4 and 5 of Article 26 of Circular 24/2014/TT-BTNMT must be completed before giving the Certificates to the grantee and within 03 working days from the date of signing to issue the Certificate

Or the date of certification of changes in the issued certificate or the date of completion of the registration application inspection for cases of no demand for certificates or registration of land assigned to manage;

The case provided for in paragraph 2 of Article 26 of Circular 24/2014/TT-BTNMT must be completed within 05 working days from the date of transfer of land in the real land.

2. The contents of the cadastral book in Vietnam

According to Clause 2, Article 21 of Circular 24/2014/TT-BTNMT, the contents of the cadastral book in Vietnam shall include the following data:

- Data on the number, address area of​a land plot or trespassed land;

- Data on the land users, person assigned to manage the land by the State;

- Data on land use right, land management rights;

- Data on property on land (including data on the owners of property on land);

- Data on the legal status of land use rights, ownership of property on land;

- Data on change in the land use and ownership of property on land

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE