Thông tư 02/2023/TT-BTNMT sửa đổi Thông tư 23/2014/TT-BTNMT quy định về Giấy chứng nhận quyền sử dụng đất, quyền sở hữu nhà ở và tài sản khác gắn liền với đất và sửa đổi Thông tư 24/2014/TT-BTNMT quy định về hồ sơ địa chính do Bộ trưởng Bộ Tài nguyên và Môi trường ban hành

CIRCULAR

 AMENDMENTS TO CERTAIN ARTICLES OF CIRCULAR NO. 23/2014/TT-BTNMT DATED MAY 19, 2014 OF THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT PROVIDING FOR CERTIFICATE OF LAND USE RIGHT, OWNERSHIP OF HOUSES AND OTHER LAND-ATTACHED ASSETS AND AMENDMENTS TO CERTAIN ARTICLES OF CIRCULAR NO. 24/2014/TT-BTNMT DATED MAY 19, 2014 OF THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT DEFINING CADASTRAL DOSSIERS

Pursuant to the Land Law dated November 29, 2013;

Pursuant to Decree No. 68/2022/ND-CP dated September 22, 2022 of the Government on functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 10/2023/ND-CP dated April 03, 2023 of the Government of Vietnam on amendments to Decrees providing instructions on the Land Law;

At the request of the Director of the Department of Land Registration and Databases and Director of the Department of Legislation;

The Minister of Natural Resources and Environment hereby promulgates a Circular on amendments to certain Articles of Circular No. 23/2014/TT-BTNMT dated May 19, 2014 of the Minister of Natural Resources and Environment providing for certificate of land use right, ownership of houses and other land-attached assets and amendments to certain Articles of Circular No. 24/2014/TT-BTNMT dated May 19, 2014 of the Minister of Natural Resources and Environment defining cadastral dossiers.

Article 1. Certain Articles of Circular No. 23/2014/TT-BTNMT DATED MAY 19, 2014 of the Minister of Natural Resources and Environment providing for certificate of land use right, ownership of houses and other land-attached assets (hereinafter referred to as “real estate ownership Certificate or Certificate” are amended

1. Amendments to Article 14:

“Article 14. Part of signing of the Certificate and recording of number in the Certificate issuing book

1.  Specifying the contents of the part of signing of the Certificate as follows:

a) Specify the name of the place where the Certificate is issued and date, month and year of signing of the Certificate;

b) Where the authority issuing the Certificate is the district-level or provincial People’s Committee, the following information shall be written:

If the collective of the authority is responsible for its operation, the following information shall be specified:

ON BEHALF OF. The PEOPLE’s committee of …………

Chairperson

Signature and seal of the People’s Committee and full name of the signer;

or

ON BEHALF OF. THE PEOPLE’S COMMITTEE OF …………

PP. CHAIRPERSON

DEPUTY CHAIRPERSON

Signature and seal of the People’s Committee and full name of the signer;

If the head of the authority is responsible for its operation, the following information shall be specified:

THE PEOPLE’S COMMITTEE OF …………

CHAIRPERSON

Signature and seal of the People’s Committee and full name of the signer;

or

THE PEOPLE’S COMMITTEE OF …………

PP. CHAIRPERSON

DEPUTY CHAIRPERSON

Signature and seal of the People’s Committee and full name of the signer;

c) If the Department of Natural Resources and Environment is authorized to sign and issue the certificate by the provincial People’s Committee, the following information shall be written:

ON BEHALF OF. THE PEOPLE’S COMMITTEE OF …………

BY ORDER OF. CHAIRPERSON

Director of The Department of Natural Resources and Environment

Signature and seal of the Department of Natural Resources and Environment and full name of the signer;

d) If the Department of Natural Resources and Environment signs and issues the certificate within its authority, the following information shall be written:

THE Department of Natural resources and environment OF …………

DIRECTOR

Signature and seal of the Department of Natural Resources and Environment and full name of the signer;

If the Deputy Director of the Department of Natural Resources and Environment signs the certificate, the following information shall be written:

THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT OF …………

PP. DIRECTOR

DEPUTY DIRECTOR

Signature and seal of the Department of Natural Resources and Environment and full name of the signer;

dd) If a Land Registry Office signs and issues the certificate within its authority, the following information shall be written:

Land Registry Office …………(name of the office)…………..

DIRECTOR

Signature and seal of the Land Registry Office and full name of the signer.

If the Deputy Director of the Land Registry Office signs the certificate, the following information shall be written:

LAND REGISTRY OFFICE …………(name of the office)…………..

PP. DIRECTOR

DEPUTY DIRECTOR

Signature and seal of the Land Registry Office and full name of the signer.

e) If a branch of the Land Registry Office signs and issues the certificate within its authority, the following information shall be written:

The branch of the LAND REGISTRY OFFICE …………(name of the branch)…………..

DIRECTOR

Signature and seal of the branch of the Land Registry Office and full name of the signer.

If the Deputy Director of the branch of the Land Registry Office signs the certificate, the following information shall be written:

THE BRANCH OF THE LAND REGISTRY OFFICE …………(name of the branch)…………..

PP. DIRECTOR

DEPUTY DIRECTOR

Signature and seal of the branch of the Land Registry Office and full name of the signer.

2. Entry number of the Certificate issuing book shall consist of letters and numbers (the ordinal number of the Certificate) according to the following regulations:

a) If the certificate is issued by the district-level People’s Committee, write "CH", then write a 5-digit entry number that succeeds that of the previously issued certificate according to Circular No. 17/2009/TT-BTNMT dated October 21, 2009 of the Minister of Natural Resources and Environment providing regulations on real estate ownership Certificate (hereinafter referred to as “Circular No. 17/2009/TT-BTNMT”);

b) If the certificate is issued by the provincial People’s Committee or the Department of Natural Resources and Environment, write "CT", then write a 5-digit entry number that includes the province’s code and succeeds that of the previously issued certificate according to Circular No. 17/2009/TT-BTNMT; if the Land registry office issues the certificate according to the regulations in Point a Clause 1 Article 37 of Decree No. 43/2014/ND-CP (which is amended by Clause 5 Article 1 of Decree No. 10/2023/ND-CP), write “CT”, then write a 5-digit entry number that includes the province’s code and succeeds that of the previously issued certificate as prescribed in this Point.

c) If the certificate is issued by the Land registry office according to the regulations in Point b Clause 1 Article 37 of Decree No. 43/2014/ND-CP (which is amended by Clause 5 Article 1 of Decree No. 10/2023/ND-CP), write “VP”, then write a 5-digit entry number that includes the commune’s code and succeeds that of the certificate previously issued by the district-level People’s Committee as prescribed in Point a of this Clause;

d) If the certificate is issued by the branch of the Land registry office according to the regulations in Point b Clause 1 Article 37 of Decree No. 43/2014/ND-CP (which is amended by Clause 5 Article 1 of Decree No. 10/2023/ND-CP), write “CN”, then write a 5-digit entry number that includes the commune’s code and succeeds that of the certificate previously issued by the district-level People’s Committee as prescribed in Point a of this Clause.”

2. Amendments to Clause 3 of Article 17:

“3. The issuance of the certificate for the cases prescribed in Points a, b, e, g, h, l, m and r Clause 1 and Points a, c, d, dd, e, g, h and i Clause 2 of this Article shall comply with the regulations in Article 37 of Decree No. 43/2014/ND-CP (which is amended by Clause 5 Article 1 of Decree No. 10/2023/ND-CP).

In the cases prescribed in Point n Clause 1 and Point b Clause 2 of this Article, the natural resources and environment agency shall be responsible for following the procedures prescribed in Clause 2 Article 69 of Decree No. 43/2014/ND-CP, then transferring the application to the agency prescribed in Article 37 of Decree No. 43/2014/ND-CP (which is amended by Clause 5 Article 1 of Decree No. 10/2023/ND-CP) to issue the certificate.”

3. Amendments to Article 19:

"Article 19. Agencies giving endorsement of changes in the existing Certificates

1. Agencies shall give endorsement of changes in the existing Certificates in case:

a) The changes that are prescribed in Clause 1 Article 17 hereof and are different from the cases prescribed in Point b of this Clause 1 of this Article are made by the agency prescribed in Clause 1 Article 37 of Decree No. 43/2014/ND-CP (which is amended by Clause 5 Article 1 of Decree No. 10/2023/ND-CP).

If the land registry office has not been established under Points a and b Clause 1 Article 5 of Decree No. 43/2014/ND-CP (which is amended by Clause 4 Article 2 of Decree No. 01/2017/ND-CP), land ownership registration office established according to regulations of the land law in 2003 shall continue to give the endorsement of changes in the existing Certificates under the assigned functions and tasks.

b) The errata for the existing certificates’ errors are made by the agency having authority to issue certificates according to the regulations in Article 105 of the Land Law and Article 37 of Decree No. 43/2014/ND-CP (which is amended by Clause 5 Article 1 of Decree No. 10/2023/ND-CP). The certification of adding the ownership of land-attached assets to the existing certificates is carried out by the agency having authority to issue certificates according to the regulations in Article 37 of Decree No. 43/2014/ND-CP (which is amended by Clause 5 Article 1 of Decree No. 10/2023/ND-CP).

2. The agencies prescribed in Clause 1 of this Article shall write day, month, year; signatures, full names and positions of the signers in the column “certification of the competent agency”.”

Article 2. Article 9a of Circular No. 24/2014/TT-BTNMT dated May 19, 2014 on cadastral dossiers is amended

“Article 9a.  Issuance of a certificate of ownership of the additional land area to the household or individual that is currently using such the land.

1. Issuance of the certificate is applied to the entire area of the plot that is currently using (including the area of the original plot and the area of the additional plot). 

2. An application for issuance of the certificate in case the additional land area acquired from transfer, inheritance or donation of the land use right has been granted a certificate:

a) If the original plot has been granted a certificate:

- An application form for reissuance or replacement of the certificate using Form No. 10/DK for the entire area of the plot that is currently using;

- The original certificate of the original plot;

- The original certificate and contract, document on the transfer, inheritance or donation of the land use right made according to regulations of the additional land area. If the transfer, inheritance or donation of the additional land area complies with the regulations in Clause 2 Article 82 of Decree No. 43/2014/ND-CP, the original certificate of the transferor or the contract and document on the transfer, inheritance or donation of the land use right for the additional land area shall be submitted.

b) If the original plot has not been granted a certificate:

- An application form for issuance of the certificate using Form No. 04a/DK for the entire area of the plot that is currently using;

- One of the documents prescribed in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/ND-CP and Clause 16 Article 2 of Decree No. 01/2017/ND-CP for the original plot;

- One of the documents prescribed in Articles 31, 32, 33 and 34 of Decree No. 43/2014/ND-CP in case of application for the ownership of land attached assets.

In case of application for the ownership of houses or construction works, maps of such houses and construction works are required, except for the case that maps appropriate to the finished houses and construction works' status have been included in documents on the ownership of such houses and construction works;

- Proofs of financial responsibility; documents relating the exemption or reduction of the financial responsibility for land and land attached assets (if any);

- In case of application for the limited right to use an adjacent plot, a contract or agreement or decision of the People’s Court on establishment of the limited right to use the adjacent plot, enclosed with a map showing the location and size of the plot that the owner of the adjacent plot has the right to use within a limit shall be submitted;

- The original certificate and contract, document on the transfer, inheritance or donation of the land use right made according to regulations of the additional land area. If the transfer, inheritance or donation of the additional land area complies with the regulations in Clause 2 Article 82 of Decree No. 43/2014/ND-CP, the original certificate of the transferor or the contract and document on the transfer, inheritance or donation of the land use right for the additional land area shall be submitted.

3. An application is submitted in case the additional land area is not granted a certificate:

a) In case the land area is added due to transfer, inheritance, donation of the land use right before July 01, 2014 and there are documents proving the land use right prescribed in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/ND-CP and Clause 16 Article 2 of Decree No. 01/2017/ND-CP of such additional land area:

- An application form for issuance of the certificate using Form No. 04a/DK for the entire area of the plot that is currently using;

- Original certificate of the original plot or the documents prescribed in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/ND-CP and Clause 16 Article 2 of Decree No. 01/2017/ND-CP for the original plot in case the original pilot is not granted a certificate;

- One of the documents prescribed in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/ND-CP and Clause 16 Article 2 of Decree No. 01/2017/ND-CP for the additional land area;

- One of the documents prescribed in Articles 31, 32, 33 and 34 of Decree No. 43/2014/ND-CP in case of application for the ownership of land attached assets.

In case of application for the ownership of houses or construction works, maps of such houses and construction works are required, except for the case that maps appropriate to the finished houses and construction works' status have been included in documents on the ownership of such houses and construction works;

- Proofs of financial responsibility; documents relating the exemption or reduction of the financial responsibility for land and land attached assets (if any);

- In case of application for the limited right to use an adjacent plot, a contract or agreement or decision of the People’s Court on establishment of the limited right to use the adjacent plot, enclosed with a map showing the location and size of the plot that the owner of the adjacent plot has the right to use within a limit shall be submitted;

b) In case there are no documents proving the land use right prescribed in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/ND-CP and Clause 16 Article 2 of Decree No. 01/2017/ND-CP for the additional land area;

- An application form for issuance of the certificate using Form No. 04a/DK for the entire area of the plot that is currently using;

- Original certificate of the original plot or the documents prescribed in Article 100 of the Land Law, Article 18 of Decree No. 43/2014/ND-CP and Clause 16 Article 2 of Decree No. 01/2017/ND-CP for the original plot in case the original pilot is not granted a certificate;

- One of the documents prescribed in Articles 31, 32, 33 and 34 of Decree No. 43/2014/ND-CP in case of application for the ownership of land attached assets.

In case of application for the ownership of houses or construction works, maps of such houses and construction works are required, except for the case that maps appropriate to the finished houses and construction works' status have been included in documents on the ownership of such houses and construction works;

- Proofs of financial responsibility; documents relating the exemption or reduction of the financial responsibility for land and land attached assets (if any);

- In case of application for the limited right to use an adjacent plot, a contract or agreement or decision of the People’s Court on establishment of the limited right to use the adjacent plot, enclosed with a map showing the location and size of the plot that the owner of the adjacent plot has the right to use within a limit shall be submitted.

4. In case the original plot and its additional land area is granted the certificate, the authority prescribed in Article 37 of Decree No. 43/2014/ND-CP (which is amended by Clause 5 Article 1 of Decree No. 10/2023/ND-CP) shall sign for issuance of the certificate

In case the original plot or the additional land area or the entire area of the original plot and its additional land area is not granted the certificate, the branch of the Land Registry Office or land ownership registration office shall prepare an application to be submitted to the district-level People’s Committee via the Division of Natural Resources and Environment for signing and issuing the certificate.”

Article 3. Implementation clauses

1. This Circular comes into force from May 20, 2023.

2. The phrase “Tổng cục Quản lý Đất đai” (“General Department of Land Administration”) shall be replaced into “Cục Đăng ký và Dữ liệu thông tin Đất đai” (“Land Information Data and Registration Department") in Article 4 and Clause 1 Article 25 of Circular No. 23/2014/TT-BTNMT dated May 19, 2014.

3. This Circular shall annul the following regulations:

a) Clause 1 Article 18 of Circular No. 02/2015/TT-BTNMT dated January 27, 2015 shall be annulled; 

b) Clauses 13 and 15 Article 6, Clause 7 Article 7 of Circular No. 33/2017/TT-BTNMT dated September 29, 2017 shall be annulled.

Article 4. Responsibilities for implementation

1. The Land Information Data and Registration Department shall be responsible for inspecting and urging the implementation of this Circular.

2. The People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals shall be responsible for implementation of this Circular.

3. The Departments of Natural Resources and Environment shall assist the People’s Committees of provinces and central-affiliated cities in implementing this Circular in their provinces and cities.

Agencies, organizations and individuals should report difficulties that arise during the period of implementation of this Circular to the Ministry of Natural Resources and Environment for consideration and settlement./.