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

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

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

1. What is cadastral dossier?

According to the provisions of Clause 1, Article 3 of Circular 24/2014/TT-BTNMT:

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 in Vietnam

The composition of cadastral dossiers is specified in Article 4 of Circular 24/2014/TT-BTNMT as follows:

- 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 Article 4 of Circular 24/2014/TT-BTNMT under paper form and digital form (if any);

+ Documents defined in point are b, Clause 1 of Article 4 of Circular 24/2014/TT-BTNMT under paper form and digital form;

+ Logbook of land changes under paper form.

3. Legal validity of cadastral dossiers in Vietnam

According to the provisions of Article 7 of Circular 24/2014/TT-BTNMT:

Legal validity of cadastral dossiers

- 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.

4. Responsibilities of compilation, update, readjustment of cadastral dossiers in Vietnam

According to Article 6 of Circular 24/2014/TT-BTNMT, the responsibilities of compilation, update, readjustment of cadastral dossiers include:

- The Service of Natural Resources and Environment shall be responsible for the following tasks:

+ Carry out the measurement and drawing of cadastral map, land-itemizing books;

+ Direct to adjust, update changes of cadastral maps land-itemizing books; compile, update and adjust the regular changes of cadastral dossiers and other documents of the local cadastral dossiers.

- The land registration office shall be responsible for the following tasks:

+ Adjust regular changes for cadastral map, land-itemizing books;

+ Compile, update, adjust the changes of the cadastral dossiers in addition to the documents specified at Point a of Clause 2 Article 6 of Circular 24/2014/TT-BTNMT;

+ Provide copies of cadastral maps, cadastral books, land-itemizing books (digital or paper form) for the People's Committees in communes, wards and towns (hereinafter referred to as People’s Committees of communes) to use.

- Branches of land registration offices shall fulfill the tasks specified in paragraph 2 of Article 6 of Circular 24/2014/TT-BTNMT for the entities using the land, assigned to manage land by the State, owning property on land under the competence in resolving the registration procedure.

- For places where land registration Offices have not been established, the registration Office for land use rights at all levels shall fulfill the tasks prescribed as follows:

+ Registration Office of land use rights under the Service of Natural Resources and Environment (hereinafter referred to as Registration Office of land use rights at province level) shall take charge to prepare cadastral dossiers; provide documents of cadastral measurement, cadastral books, land-itemizing books for registration Office of land use rights under the Division of Natural Resources and Environment (hereinafter referred to as the registration Office of land use right at district level );

Update and adjust the documents of cadastral dossiers specified in point a sand point b of paragraph 2 of Article 6 of Circular 24/2014/TT-BTNMT for land plots organizations, religious institutions, foreign individuals, foreign organizations who have diplomatic functions, foreign-invested enterprises and Vietnamese settling in foreign countries to carry out investment project ;

+ Registration Office of land use rights at district-level shall update and adjust the documents of cadastral dossiers specified in point a sand point b, Clause 2 of Article 6 of Circular 24/2014/TT-BTNMT for land plots of households and individuals, communities and Vietnam residing overseas and owning houses in Vietnam; provide copies of cadastral maps, cadastral books, land-itemizing books for People’s Committees of communes to use

- People’s Committees of communes shall update and adjust copies of the documents of cadastre measurement, cadastral books, land-itemizing books managed in accordance with the provisions of this Circular to use for request of the local land management.

Nguyen Ngoc Que Anh

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