Chương I Thông tư 24/2014/TT-BTNMT: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular defines compositions of cadastral dossiers; application for registration of land, property on land, granting Certificate of land use rights, ownership of houses and other property on land; contents of cadastral dossiers; compilation of cadastral dossiers and change roadmap of cadastral dossiers from paper to digital format; update, readjustment and management of cadastral dossiers.

Article 2. Regulated entities

1. State management agencies, specialized agency of natural resources and the environment at all levels; Land registration Office or registration Office of land use rights for the places where the land registration Offices have not been established and cadastral officers at communes. (Hereinafter referred to as cadastral officers at commune level).

2. Land users, persons assigned to manage land by the State, owners of property on land and other involved organizations or individuals.

Article 3. Interpretation of terms

In this Circular, the following terms shall be interpreted as follows:

1. 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. Registration of land and property on land for the first time (hereinafter referred to as first-time registration) is the implementation of procedures at the first time to record the legal status of land use rights, ownership of houses and other property on land and land management rights for a land plot in the cadastral dossier.

3. Registration of changes of land, property on land (hereinafter referred to as the change registration) means implementing procedures for record the change in one bit or some bit of the registered information in the cadastral dossiers as prescribed in law.

4. 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.

Article 4. Composition of cadastral dossiers

1. For places where cadastral database has been established, cadastral dossiers shall be compiled under digital format and stored in land database, including:

a) Cadastral investigation documents including cadastral maps and land-itemizing books;

b) Cadastral books

c) File copy of Certificates

2. For places where cadastral database has not established, cadastral dossiers shall include:

a) Documents defined in points a and c, Clause 1 of this Article under paper form and digital form (if any);

a) Documents defined in point are b, Clause 1 of this Article under paper form and digital form;

c) Logbook of land changes under paper form.

Article 5. Principles of complication, update, readjustment of cadastral dossiers

1. Cadastral dossiers shall be compiled for each administrative unit of communes, wards and towns.

2. Compilation, update, readjustment of cadastral dossiers must comply with administrative procedures as prescribed by legislation of land.

3. The contents of the information in cadastral dossiers must ensure the consistency with the granted Certificate (if any) and conformity with current conditions of land management and use.

Article 6. Responsibilities of compilation, update, readjustment of cadastral dossiers

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

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

b) 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.

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

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

b) Compile, update, adjust the changes of the cadastral dossiers in addition to the documents specified at Point a of this Clause;

c) 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.

3. Branches of land registration offices shall fulfill the tasks specified in paragraph 2 of this Article 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.

4. 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:

a) 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 this Article 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 ;

b) 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 this Article 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

5. 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.

Article 7. Legal validity of cadastral dossiers

1. 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.

2. Cadastral dossiers in paper and digital forms shall have the same legal value.

3. 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.

4. 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:

a) 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;

b) 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.