Chương III Thông tư 24/2014/TT-BTNMT: Nội dung hồ sơ địa chính

Chapter III

CONTENTS OF CADASTRAL DOSSIERS

Article 13. Data group on land plots

Data group on land plots shall include data which can be defined and shown in accordance with the following provisions:

1. Number data of the land plot shall include:

a) Map numbers are ordinal numbers of the cadastral maps or the cadastral measurement excerpt within each commune-level administrative units;

b) Land plot numbers are ordinal numbers of the land plots on each map or the cadastral measurement excerpt in which include the land plot; if the cadastral measurement excerpt has only one land plot, the land plot number shall be "01".

2. Address data of land plots shall include: House numbers, street names (if any); place names (villages, hamlets and population groups,) or area names (for land plot outside residential areas); names of administrative units at commune, district and province level where the land plot is located.

3. Data in boundaries of the land plot shown on the cadastral maps shall include: shape, size of edge and vertex coordinates of the land plot; at least the shape and size of edge for the cadastral measurement excerpt.

Determining and showing the boundaries of the land plot shall comply with the provisions on the establishment of cadastral maps of the Ministry of Natural Resources and Environment.

4. Data on land plot area shall be determined and shown on the cadastral dossiers in units of square meters (m²), rounded to one decimal number.

5. Data on measurement material shall include: Name of used measurement material (cadastral map or the cadastral measurement excerpt,), the date of completion of measurement.

Article 14. Data group on trespassed land

Data group on trespassed land shall include data which can be defined and shown in accordance with the following provisions:

1. Data on name of the trespassed land which can be defined and shown in the local names (if any) Example: " Ba Bo Channel", "Set River".

2. Number data of the trespassed land shall include:

a) Number of map which includes the trespassed land;

b) Number of trespassed land on each map which is numbered according to the regulations on drawing the cadastral map of the Ministry of Natural Resources and Environment.

3. Data on the boundaries of the trespassed land shall be determined and shown under the provisions on drawing cadastral maps of the Ministry of Natural Resources and Environment.

4. Data on area shall be determined and shown for land on each map according to unit m².

Article 15. Data group on land users and owners of property on land, land managers

Data group on land users and owners of property on land, land managers shall include data determined and shown under the following provisions:

1. Code data on the land users, owners of property on land, persons assigned by the State to manage land shall be shown on the land-itemizing books in accordance with the provisions of land statistic and inventory of the Ministry of Natural Resources and Environment.

2. Name data on the land users, owner of property on land, land managers shall be determined and shown under the following provisions:

a) For individuals, the following information shall be shown: "Mr." or "Mrs."; full name, date of birth in ID card or in ID military card or other record papers of such person; if he/she does not have any other record papers, his/ her family register or birth certificate can be used;

Foreign individuals or oversea Vietnamese (including those who are inherited or donated the land or house but are not entitled to buy houses in Vietnam), words "Mr" (or "Mrs." ), and the full name, year of birth, nationality according to their passport must be recorded;

b) For households, the following information shall be shown: "Mr" (or "Mrs."), then the full name, year of birth, name and number of record papers of the head of households as provided in Point a of this Clause; permanent residence of the household. If the head of the household does not have the right to use the common land of the household, the representatives who are other members of the household and have rights to use the common land of the household shall be recorded .

If the head of the household or other representatives of the household who have spouses being entitled to use common land , full name, year of birth of the such spouses shall be recorded;

c) For the couples shared common property which is land use right, ownership of property on land, the following information shall be shown: name, year of birth of both husband and wife and the marital relation between them

If the written agreement of both spouses is only recorded the name of the wife or husband (certified true by the commune-level People's Committees of the registered place of residence), the name of either of them under such written agreement shall be recorded ;

d) For domestic organizations, the full name of the organization according to papers on the establishment, certification or business registration of the organization (if any) shall be recorded;

dd) For foreign-invested enterprises, oversea Vietnamese carrying out investment projects in Vietnam, the full name of the legal entities carrying out the investment projects under the investment license or the Business registration certificate such legal entities shall be recorded;

e) For foreign organizations with diplomatic functions, the full name of the organizations according to the documents of the competent State agencies on allocation or lease of land or on the establishment, licensing the organizations or signed documents between the two Governments shall be shown;

g) For the religious institutions, the full name that the religious institutions have registered certified by the People’s Committees of communes or the local State management agencies of religion shall be shown;

h) For the communities, the names determined by the communities and certified by People’s Committees of communes shall be recorded;

i) For many organizations, households and individuals commonly using land and commonly owning property on land (referred to as group of land users and owner of property on land), the name of each organization, household and individual shall be shown as prescribed at Points a, b, c, d, e, f, g and h of this paragraph.

If the group of the land users, group of owners of property on land has a written agreement (notarized or certified trued as prescribed by law) to appoint a representative to name, the name of the representatives as prescribed at Points a, b, c, d, e, f, g and h of this Clause shall be shown; then the phrase "representatives of the group of land users" or "representatives of the group of owners of property on land," according to such written agreement shall be added;

k) For many legal heirs all of whom are not determined, the names of the determined heirs shall be shown; then the phrase "and some other heirs who have not been identified" shall be added;

l) For condominium for sale or sale lease, when the first apartment is registered to transfer, the phrase "along with the owners of the building apartment shown in detail at the in registration section of the builing apartment " shall be shown.

If the investor has sold all condominium area, the phrase "belong to the owners of the apartment building shown in detail in the registration section of the apartment building’’ shall be shown.

3. Data on legal documents (for organizations) or record papers (for individuals, representatives of households ) shall be shown in accordance with the following provisions:

a) For individuals, representatives of households and their spouse, the information on the ID card or ID military card (if any) shall be shown, including: Name of the card ( ID card or ID military card) and number of the card; in case of no card, information on the birth certificate (name and number of the birth certificate) shall be shown;

b) For foreign individuals or oversea Vietnamese (foreign nationality) owning houses in Vietnam, the following information shall be shown: Name of document (passport); number, date of issuance, and the nationality of such people. For oversea Vietnamese who have both Vietnamese nationality and foreign nationality, the information in passport or information under the provisions of point in this paragraph shall be shown;

c) For domestic organizations, the following information shall be shown: Category of paper; number, date of signing, authority signing documents as a basis for determining the name of the organizations (such as the establishment decision, the reorganization decision or the Business registration certificate of the organization - if any);

d) For foreign organizations with diplomatic functions, foreign-invested enterprises, oversea Vietnamese carrying out the investment project, the following information shall be shown: Name of legal papers ( establishment document or operation license in Vietnam or investment license or the business registration certificate); number, date of signing, authority signing such papers.

4. Address data on the land users, owner of property on land, land managers shall be shown under the following provisions:

a) Address data shown shall include: house number or apartment number (if any); lane name, street name or name of population group, hamlet, village; administrative at commune, district and province levels;

b) For individuals and households, the registration place of permanent residence shall be shown;

c) For organizations, the address of the head office which registered by such organizations shall be shown;

d) For foreign individuals or oversea Vietnamese owning houses in Vietnam, temporary residence address in Vietnam of such people shall be shown;

dd) For communities, public address of such communities shall be shown.

5. If oversea Vietnamese are inherited or donated the land use right, ownership of houses and other property on land but are not entitled to buy a house associated with ownership land in Vietnam in accordance with the legislation on house, the restriction of land use right shall be shown in accordance with paragraph 6 of Article 16 of this Circular.

Article 16. Data group on land use right, land management right

Data group on land use right shall include data which can be defined and shown as follows:

1. Data on forms of private land use, common land use shall be shown as follows:

a) Form of private land use shall be shown in the land plot is under the right to use of a land user (an individual or a household, a community, a domestic organization, a religious institution, a foreign individual, a foreign organization, an oversea Vietnamese), including common rights to use land of husband and wife;

b) Form of common land use shall be shown in case the land plot is under the right to use of many land users (many individuals who are not in the same household or many households or many couples or many organizations or all of individuals, households, organizations);

c) If the land plot has the area under the common use of many land users and the area under private use of each land user, each part of the common use area and names of users shall be determined and shown ; each part of the private use area and the name of the persons who have right to use land shall be recorded.

2. Data on land category including land name and code (symbol) shall be shown in accordance with the following provisions:

a) Land category shall be determined and shown by the name in cadastral books and code in cadastral maps and land-itemizing books for each land plot, trespassed land ;

b) Category of land shall be shown in cadastral books under the use purpose of land allocated, leased, recognized the right to use, allowed to change the land use purpose or assigned to manage by the State . If the land is registered the first time but has not certified its land use right by the State , category of land under the current conditions of use at the time of registration shall be determined and shown Categories of land shown shall include:

- Agricultural land, including land of the following categories: rice-farming land; one-crop-a-year rice-farming land, upland rice land; land for cultivation of annual crops; land for growing perennial trees; production forest land; protective forest land; special-use forest land; aquaculture land; salt-making land; other agricultural land

- Non-agricultural land, including land of the following categories: rural residential land ,urban residential land; land for construction of offices; defense and/or security land; land for construction of offices of non-business facilities; land for construction of cultural facilities; land for construction of medical facilities; land for construction of educational and training facilities; land for construction of sport and physical facilities; land for construction of science and technology facilities; land for construction of social service facilities; land for construction of diplomatic facilities; land for construction of other non-business facilities; industrial zone land; industrial complex land; processing and exporting zone land; commercial and service land; land for construction of non-agricultural production facilities; land for mineral operation ; land for production of building materials and pottery-making ; land for transportation; land for irrigation ;land with historical and cultural relics;land with scenic places;land for community operation; land for amusement and public recreation parks; land for energy construction ;land for post and telecommunication construction; market land; land for disposal sites, waste treatment;land for other public construction; land for religious establishment; land for belief establishment; land for cemeteries, grave-yards or land for cemeteries, grave-yards , crematory or land for crematory or land for funeral parlors ; river, arryo, canal, trench, stream and special-use water surface land; other non-agricultural land

- Group of unused land shall be shown for the case of registered land allocated to manage by the State, including: unused Land; Unused hills; rock without forest;

c) If the land categories according to current conditions is different from the land categories according to use purpose allocated, leased , recognized the land use rights, allowed to change the land use purpose or assigned to manage by the State, the land categories according to current conditions and the land allocated, leased , recognized the land use rights, allowed to change the land use purpose or assigned to manage by the State shall be recorded in the land-itemizing books and cadastral maps;

d) Land category code shown in land-itemizing books and cadastral maps shall be complied with provisions on cadastral maps and be explained in accordance with land statistics and inventory of the Ministry of Natural Resources and Environment ;

dd) If the land plot is allocated , leased, recognized the land use rights by the State simultaneously in many different purposes without distinguishing between the purposes, all purposes shall be shown . If the land plot is used for multiple purposes which include main and additives purposes, the word"(main)" or "(additional)" shall be recorded after each purpose. Example: "Rice-farming land (main); aquaculture land (additional) ".

The land plot with pond garden attached with house in residential areas without being recognized the whole land plot as residential land, the area shall be determined according to each purpose: Residential land and agricultural land according to the use current conditions( annual crop land or land for perennial perennial crops, aquaculture land).

3. The data on land use term shall be shown as follows:

a) The data on land use term shall be determined and shown in agreement with the certificate;

b) Where the term land is uses, the following information shall be shown : Date of expiration of land use;

c) If the land is in use of long-term stability, the words: "Long-term" shall be shown ;

dd) If the land plot is allocated , leased, recognized the land use rights by the State simultaneously in many different purposes each of which has a different term, the use term corresponding to each purpose shall be shown;.

dd) If the land plot has gardens, ponds attached with houses in residential areas and the area of residential land recognized is smaller than that of the land plot, land use term for the residential land is "long-term"; the use term for gardens and ponds unrecognized as residential land shall be determined as stipulated by the Law on Land for agricultural land which is being used;

e) If the land is registered but the Certificate is not requested to be granted but there are papers on land use rights, land use term shall be determined and recorded according to that papers; if there are no papers or there are papers on land use rights but the term has not been determined, the word "undetermined" shall be shown. If the land is registered without eligibility for granting the Certificate, the words "Temporary use" shall be used;

g) If the land plot has many area parts with different land use term, the use term corresponding to each that part of area shall be determined and shown;

h) If the land assigned to be managed by the State is registered, the written assignment of management shall be based to show; if there is no written assignment of land management or there is no term in the written assignment of land management, the word "Undetermined" shall be shown.

4. Data on origin of land use shall be determined and shown in the names and codes in accordance with the following provisions:

a) In case the State allocates land without collecting land levy, the name : “the State allocates land without collecting land levy’’ and the code "DG-KTT" shall be shown;

b) In case the State allocates land with collection of land levies (including cases of allocation through auction of land use rights, in case of purchase of apartment of investors allocated land with collection of land levies and re-allocation of land by the management board of hi-tech zones, economic zones ), the name "the State allocates land with collection of land levies" and the code "DG-CTT" shall be shown;

c) In case the State lease the land with lump-sum payment (including cases of land lease through auction of land use rights or being recognized the land use right by the State in the form of land lease and being leased the land with lump-sum payment by the management board of hi-tech zones, economic zones), the name "the State lease the land with lump-sum payment" and the code "DT-TML’’ shall be shown;

d) In case the State lease the land with annual payment (including cases of land lease through auction of land use rights or being recognized the land use right by the State in the form of land lease and being leased the land with annual payment by the management board of hi-tech zones, economic zones), the name "the State lease the land with annual payment" and the code "DT-THN’’ shall be shown;

dd) In case the State recognizes the land use right under regulations of allocation with collecting land levy( including that households and individuals use residential land, non-agricultural business, production land without payment of land levy when being granted the Certificate), the name "Recognition of rights of land allocation with collection of land levy" and the code "CNQ-CTT" shall be shown;

e) In case the State recognizes the land use right under the regulations of land allocation without collocating land levy, the name "Recognition of rights of land allocation without collection of land levy" and the code "CNQ-KTT" shall be shown;

g) In case the land plot id divided, consolidate or the Certificate is replaced or reissued of origin , the use origin of land as registered and granted the Certificate for the first time shall be shown under Points a, b , c, d, dd and f of this paragraph.

In case the land is registered, the certificate is granted but the use origin is not shown, the application for granting the Certificate and provisions of legislation on land at the time of registration of changes , replacement and reissuance of the Certificates shall be based on to determine and show the use origin of land under the provisions of this Circular;

h) In case the land use rights are received from transfer, the transfer form shall be shown (in case of receipt of change, transfer or inheritance or donation, capital contributions) or the words "receipt of right transfer " and its basis shall be shown (in case of winning the auction, mortgage settlement, dispute resolution and settlement of complaints or denunciations, implementation of the decision or judgment of the People's Court, implementation of enforcement decisions, ...); the use origin of land as on the granted Certificate for the first time shall be shown next under the provisions of this Circular. Cases of receipt of transfer shall be shown in a common code "NCQ" with the source code as on the certificate granted the first time. Example: " Receipt of transfer of land allocated without collection of land levy by the State (NCQ-DG-KTT)"; "Receipt of transfer due to dispute settlement of land allocated without collection of land levy by the State (NCQ-DG-CTT)".

In case land use right is received from transfer to be used for other purposes and procedures for transfer of land use purpose are carried out, the origin of land use in the form of implementation of financial obligations to the State after the purpose of land use is changed shall be shown;

i) In case the land use purpose is changed and the land levy is paid, showing shall comply with provisions for cases the State allocates the land with collection of land levy; in case the land use purpose is changed and the land levy is paid, showing shall comply with provisions for cases the State leases the land; in case the land use purpose is changed and the land levy is not paid and is not changed the land lease showing shall be as registered, granted the Certificate before the land use purpose is changed;

k) In case the land is leased or subleased with lump-sum payment of the investor of infrastructure construction in industrial zones, industrial complexes, processing and exporting zones, hi-tech zones and economic zones, the words "Land lease of industrial zones( or industrial complexes, processing and exporting zones…) with lump-sum payment” and the code" DT-IZ-TML " shall be shown.

In case the land is leased or subleased with annual payment of the investor of infrastructure construction in industrial zones, industrial complexes, processing and exporting zones, hi-tech zones and economic zones, the words "Land lease of industrial zones( or industrial complexes, processing and exporting zones…) with annual payment” and the code" DT-KCN-THN " shall be shown.

l) If the land plot has many area parts with different land use origins, each origin and the land under such origin shall be shown;

m) In case the land which is being used and its user does not have legal papers on the origin of land use and has no need of the Certificate or is ineligible for the Certificate is registered , the origin according to actual use including the following information: The start time of using the land for registered purposes and land use reasons. For example: "Use of land since 1984, due to self-exploitation (left by his father, transferred, allocated by the State without land levy)";

n) In case land allocated by the State to manage is registered the words "State allocates to manage" and the code "DG-QL" shall be shown.

5. Data on financial obligations shall be shown as follows:

a) Data on financial obligations for payable financial obligations shall include land levy, land rents, income tax from land use right transfer, registration fees;

b)The data content shall be shown as follows:

- If the financial obligations have been fulfilled, information including: type of payable financial obligations; payable amount, paid amount and payment date shall be shown. If the State leases land with annual payment, the words: “Annual land rent payment” shall be shown;

- If the financial obligations is exempted , the payable financial obligations , payable amount ( if determined) shall be shown; the words “ exempted from payment under the ... (Name and number, date and signing agenicies of the written exemption) shall be shown next;

- If the financial obligations is exempted , the unplayable financial obligations shall be shown ; the words “ under the provisions in ... (Name and number of the provisions) shall be shown next;

- If the financial obligations is reduced , the payable financial obligations , payable amount ; reduced amount (the % or years) and the legal basis (name and number, date and signing agencies of the written reduction of the financial obligations); paid amount ,paid date(except for payment of annual rent) shall be shown ;

c) The contents of the data for case financial obligations are owned to the state shall include: Type of owned financial obligations ; owed amount (in figures and words) and legal documents to determine the owned amount (name, signing dated, signing competent authority) for the case determined by competent agencies in collecting financial obligations (if any). Example: "Owning the land levy" or "Owning the land levy, amount: VND 200,000,000 (Two hundred million dong) under Notification No. 15 / TB-CCT date October 20, 2013 of Tax Department ".

If the owned amount has been forgiven in accordance with the law or under the decision of the competent authorities in collecting financial obligations, the forgiven financial obligations ; forgiven amount (if forgiving a portion of the debt); legal basis for forgiving (name and number, signing date, signing competent authority ) shall be shown.

If the land user has been paid the full owned amount, the type of fulfilled financial obligations; paid amount ; payment vouchers (name and number, signing date of payment vouchers). For example: "Having fully paid the owned land levy, paid amount : VND 200,000,000(two hundred million), according remittance bills No. 006523 dated May 23.1998"; shall be shown

d) In case the land is registered without requested for granting certificates or ineligibility of granting the Certificate, the word “ undetermined” shall be shall

dd) In case the land allocated by the State to manage is registered, the word “ undetermined” shall be shown.

6. Data on land use right restrictions shall be shown in the restricted land scope and content of land use right restrictions as follows:

a)Data on land use right restrictions shall be shown in case of : the land plot in project safety corridor; in the decisions on land allocation , land lease and change of land use purpose or papers of receipt of the use right with restriction contents of land use rights compared with the provisions of law; land registration without being but is not recognized by the State of land use rights; Oversea Vietnamese inherited or donated of land use right, ownership of property on land but not entitled to own houses in Vietnam;

b) The scope of restricted land of land use right must clearly indicate that the entire of land plot or a portion of it. In case of restriction of the use right on a portion of the land plot, in addition to the area of restriction land in the cadastral book, the location and boundaries of the land with restrictions on the map, land plot diagram shall be shown ;

c) Restriction contents of land use right shall be shown as follows:

- In case of in the decisions on land allocation , land lease and change of land use purpose or papers of receipt of land use right with restriction content of land use right , the words: "land plot (or land plot with ... m² (if a part of the plot is restricted)) ... (write restrictions content under current documents) according to ... (name on document of restriction content) " shall be shown;

- In case the land plot or a portion of the land plot is in the project safety corridor, the words : "land plot (or land plot with ... m² (if a part of the plot is restricted)) in project safety corridor ... (name of the protect with the safety corridor) " shall be shown;

- If the land is registered without being recognized its land use right by the State ,the words : " the status quo of land use must be maintained until the State has decision to handle";

- If an individual or a couple or either of them (wife or husband) is oversea Vietnamese who is inherited or donated the land use right , ownership of property on land but not entitled to own houses in Vietnam and has not transferred the land use rights, ownership of property on land, when the land is registered for that person, the restrictions (name of person who is not entitled to own house ) “ oversea Vietnamese not entitled to own houses in Vietnam " must be shown;

- If the land plot does not have restrictions, showing shall be as follow :

7. Data on restriction use right for the adjacent land plot shall be shown for both land plot enjoyed the restriction use right and land plot providing restriction use right as follows:

a) The registration part of the land plot entitled to restriction use on another land plot, the words "being entitled to... (content of the restriction use rights) on land plot number ... under ... (name of the document establishing the restriction use right) date ... / ... / .. " shall be shown;

b) The registration part of the land plot restricted the use rights, the words "allowing the user of the land plot number...to…. (content of the restriction use rights) on land plot number ...(number of the land plot of the party restricted the use right) under ... (name of the document establishing the restriction use right) date ... / ... / .. " shall be shown;

c) If there is a restriction on a portion of the land plot, in addition to restriction content on the cadastral book land the location, the area entitled to restriction on the map , land plot diagram shall be shown;

d) If the land plot does not have restrictions for the adjacent land plot, the sign: "- / -" shall be shown;

Article 17. Data group on property on land

Data group on property on land determined and shown shall include:

1. Type of property shall be shown as follows:

a) In case of house, types of house such as: Individual houses, condominiums shall be shown

b) In case of construction works, their names shall be shown in accordance with detailed investment project or construction planning or investment license or license for construction of competent authorities .

In case of construction works with many different items, the name of each item shall be shown in accordance with the approval decision of the detailed project, approval of construction planning or investment decisions or investment licenses;

c) In the case of production forests being planted forests, the words "production forests being planted forests " shall be shown;

d) In case of the property being perennial plants, the words "Perennial plants" shall be shown.

2. Characteristics of property shall be shown as follows:

a) For individual houses, the information shown shall include:

- Building area: premises area occupied housing in the position of contact with the ground under the outer edge of the wall shall be shown in Arabic numerals in units of square meters, rounded to one decimal number ;

- Number of floors: the total number of floors shall be shown;

- Floor area: Arabic numerals in units of square meters, rounded to one decimal number shall be shown. For one-story house, its premises area of building floor shall be shown. For many-story house, the total premises area of ​​the building floor of the stories;

- House structure: Types of construction materials (brick, concrete, wood ...), the main structure being wall, frame, floor and roof. Example: "Wall, frame, reinforced concrete floor; tile roof " shall be shown;

- Level shall be determined and shown under the provisions on house legislation, construction legislation;

b) For condominiums, mixture house registered by an owner when the apartments have not sold, showing shall comply with separate houses specified at Point a of this Clause, in which the floor area shows the total construction ​floor area of the condominium

If the investor registers for granting separately the Certificate for each apartment , he/she shall register for each apartment in the apartment registration part as prescribed in paragraph 6 of this Article; at registration part of land plot as condominium, only floor area where the investor retains to use and the area of items that investors have the right to share with the purchaser shall be shown ;

c) For other constructions works other than house, the information for each work item shall be shown as follows:

- Building area: premises area occupied of the work in the position of contact with the ground under the outer edge of the wall shall be shown in Arabic numerals in units of square meters, rounded to one decimal number ; For underground works , construction premises area of the work shall building works shown;

- Floor area (or power) shall be shown in accordance with the following provisions:

For housing works, provisions for individual houses at point a of this paragraph shall be complied to show;

For other building works, the capacity of the works in accordance with the approved investment decisions or investment project or investment certificate or investment license. Example: "thermo-electric plants: 3,000 MW, stadium: 20,000 seats";

- Structure: Types of construction materials of the structure mainly including wall, frame, floor, roof. Example: "Brick wall, frame, reinforced concrete floor; corrugated iron roof " shall be shown;

- Number of floors: the total number of stories for the housing works shall be shown; if the works are not housing, the sign "- / -" shall be shown;

d) production forests being planted forests shall be shown as follows:

- Type of forest trees: types of forest trees grown primarily shall be shown; If many types of trees are grown, each of main type shall be shown;

- The forest area: Forest area under the ownership of the person granted the Certificate shall be shown in Arabic numerals in unit of m²;

- The origin shall be shown as follows:

In case the forest is allocated with collection of money by the State, the words "allocated with collection of money by the State , under the forest allocation dossier number ... (number of forest allocation dossier stored in State management agencies in forestry - if any) " shall be shown;

In case the forest is allocated to households and individuals, communities without collection of money by the State, the words "allocated without collection of money by the State , under the forest allocation dossier number... (number of forest allocation dossier stored in State management agencies in forestry - if any) " shall be shown;

If the forest grown by the requester of the Certificate by capital other than capital from the State budget, the words “self-grown forest" shall be shown;

 If the forest has many origins for each area part, each origin and its forest shall be shown;

dd) Property being perennial plants shall be shown as follows:

- Type of plants: types of grown perennial plants shall be shown; If many types of perennial plants are grown, each of main type of perennial plants shall be shown;

- The area: area of perennial plants under the ownership of the person granted the Certificate shall be shown in Arabic numerals in unit of m²;

3. Owner: information about the owner of property on land shall be shown as defined in Article 15 of this Circular.

4. Ownership shall be shown as follows:

The words "private ownership" shall be shown for the case of property owned by one owner; "common ownership" shall be shown for the case of property owned by many owners; If a property with private ownership and common ownership, each form of ownership and the area corresponding to such form of ownership shall be shown. Example: "Private ownership of 250,5m²; common ownership of 80,5m² "; If a property has various common ownership of different owners, the name of the owners enclosed with each area of ​​common ownership shall be shown.

5. Duration of ownership shall be shown as follows:

a) If houses or other property with duration are bought as prescribed by law, the date of expiration of ownership under the sale contract or in accordance with the legislation of house shall be shown;

b) If property on leased or borrowed land from other land uses is owned, date of expiration of lease, borrowing shall be shown;

c) Other cases of indefinite duration of property ownership shall be shown in “- / -".

6. Properties being apartments, offices, service - trade facilities in condominiums, mixture house sold to the buyer shall be shown as follows:

a) Name of Property:

- If the property is apartment, the words "apartment number ..." Shall be shown;

- If Properties are apartments, offices, service - trade facilities in condominiums, mixture house, the name by using practical purposes stated in the sale contract shall be shown. For example: "shopping mall", "office";

b) Condominium: Name of the apartment, mixture house and address (house number, street name (if any); and the name of the administrative unit of the commune, district, province level) where the apartment, mixture house is located ...shall be shown;

c) Owner: Information about the owner of the apartment shall be shown as defined in Article 15 of this Circular.

d) Floor area: floor area of ​​apartments, offices, service-trade facilities(referred to as apartments)shall be shown under the signed sale contract or as-built drawing for the case of investors; shown unit shall be in Arabic numerals of square meters (^m2), rounded to one decimal number

dd) Form of ownership of apartment: The words "private ownership" shall be shown for the case of apartment owned by one owner; "common ownership" shall be shown for the case of apartment owned by many owners; If the apartment with private ownership and common ownership, the words "Private ownership: ... m² (floor area of the apartment and names of owners of private ownership), common ownership: ... m² ( floor area of apartment under common ownership) " shall be shown;

e) Items of common ownership outside the apartment: each item that the owner of the apartment share with are other apartment owners and the area enclosed with each item(if any) under the sales contract of the apartment. Example: "Common corridor of 120m², community meeting rooms 100m², lift";

g) Duration of ownership shall be shown as follows:

- a) If houses with duration are bought as prescribed by law, the date of expiration of ownership under the sale contract or in accordance with the legislation of house shall be shown;

- The other cases shall be shown in : "- / -".

Article 18. Data group on legal status of land use right, land management right, ownership of property on land.

Data group on legal status of land use right, land management right, ownership of property on land shall be determined and shown as follows:

1. Data on the registration for showing following information shall be as follows:

a) Time of receipt registration application: date of receipt of satisfactory application of the competent authority shall be shown;

b) Time of registration in cadastral book: date of recording the registration content in cadastral book of Land registration office, Branch of land registration office, or registration Office of land use rights at all levels (hereinafter referred to as Land Registration agencies) shall be shown;

c) ordinal numbers of the application for registration as prescribed at Point b, Clause 2, Article 30 of this Circular.

2. Data on legal papers on the origin and change of land use right, ownership of property on land shall be shown as follows:

a) The legal papers shall include:

- Legal papers on origin of land use including decisions on land allocation, land lease and change of land use purpose, land-use extension; decision on land management assignment or other legal documents specified in Article 100 of the Law on Land and Article 18 of Decree No. 43/2014 / ND-CP;

- Legal papers on the ownership origin of property on land specified in Articles 31, 32, 33 and 34 of Decree No. 43/2014 / ND-CP;

- Contract or document on transfer of land use rights, ownership of property on land in accordance with law;

- Documents of settlement of disputes and complaints about land and property on land of the competent authorities which take effect; Documents of winning the auction of land use rights, ownership of property on land;

- Contract or written agreement of restriction right to use the adjacent land plot;

- Granted old certificate in case of replacement of certificate ;

b) Data on legal papers shall include name; numbers, signs and signing date, signing agency for the papers granted by the State agency or one of involved the parties being signing state agencies ;

c) If many legal papers on the origin of land use and ownership of property on land are registered, documents as a direct basis for registration, granting the Certificate or registration for changes shall be shown;

d) If there are no legal papers on the origin of land use, the words "no legal papers on the origin" shall be shown.

3. Data on Certificate shall be shown as follows:

a) Data on the certificate shall be shown for the certificate issued for the land user, the owner of property on land, except for revoked certificates.

In case of replacement, reissuance of the Certificate, recording shall be in accordance with the replaced, reissued certificate. The old issued certificates shall be updated on the type of data specified in point a sand point b, Clause 2 of this Article;

b) Data content shall include issuance number (serial number of the certificate) and number of Book of granting the certificate;

c) If no certificate is granted, the word "Ineligible for being granted." Shall be shown. If the land user needs no Certificate, the words: "No request for Certificate." shall be shown

In case the land allocated to manage, the word “Under no case of being granted the Certificate” shall be shown

Article 19. Data group on change in the land use and ownership of property on land

Data group on change in the land use and ownership of property on land shall include data determined and shown under the following provisions:

1. Data on time of change registration: Date of updating and adjusting changes in cadastral book.

2. Data on change content shall be shown as follows:

a) in case land use right is leased, subleased, the words " ... (name and address of the lessee, sublease) lease (or lease) ... m² of land, according to application No ... (code of registration application) " shall building works shown.

 In case property on land is leased, the words " ... (name and address of the lessee,) lease ... m² (name of the type of property on lease land and leasing area if any), according to the application No... (Code of registration application) “Shall be shown.

In case investor of infrastructure construction in leased, subleased industrial zones, industrial complexes, processing and exporting zones, hi-tech zones, economic zones, the words " Lease (or sublease) ... (name and address of the lessee, sublesee)... the land plot number….., area……^m2, granted certificate with serial number….. And number of book of granting certificate ..., according to the application number... (Code of registration application) “Shall be shown.

In case land use right, ownership of property on land is deregisterd for lease, sublease, the words "deregisterd lease, sublease ... (leased property) on ... / ... / ... according to application No ... (code of registration application) " shall be shown.

b)In case land use right, property on land is registered for mortgage, the words "Mortgaged by ... (name of the collateral being land use rights or property on land or land use rights and property on land or property on land in the future) at ... (name and address of the mortgagee) according to the application No ... (code of registration application). "

In case the content of registration for mortgage by land use right, property on land is registered for change, the words "The contents of the mortgage registration at the date of change ... (specify the content before and after the change) according to application No ... (code of registration application) " shall be shown.

In case mortgage by land use right, property on land is deregistered, the words "Deregister the content of mortgage date ... / ... / ... according to application No ... (code of registration application) " shall be shown.

c) In case land use rights and property on land are transferred by change, transfer, inheritance, donation, contribution of capital with the entire land plot, the words: "Receipt of transfer (or change, inheritance,) of ... (name and address of the transferor) according to the application No... (Code of registration application) “Shall be shown;

d) In case land use rights and property on land are transferred in accordance with agreement in the mortgage contract to settle debt; administrative decisions of competent State agencies in settlement of land disputes, complaints and denunciations on land, decision or judgment of the People's Court, implemented enforcement decision of enforcement agencies ; recognition document of results of the auction of land use rights for the entire of land plot, the words: "receipt of right transfer under ... (bases such as agreement in the mortgage contract to settle debt; decisions on settlement of land disputes , ...) of ... (name and address of the transferor) according to the application No ... (code of registration application) " shall be shown;

dd) In case use right of a part of the land plot, a part of the property on land is transferred in the cases specified in Points c and d of this Clause which is the formation of new land plot , the words : "Divided into land plots numbers ... (numbers of new land plots) according to the application No... (Code of registration application)" shall be shown in registration part of transferor.

The new divided land plot shall be registered into the new page of book. In the section of the change on the registration page for new land plot of the transferor, the words: "Divided from the land plot number... (Number of land plot before the division) according to the application No ... (code of registration application) “shall be shown. In the section of the change on the registration page for new land plot of the transferee, the words "receipt of transfer (or change, inheritance,) ... (land use rights or property transferred rights) of ... (name and address of the transferor), divided from the land plot No... (Number of land plot before division), according to the application No... (Code of registration application) “Shall be shown.

In case use right of a part of the land plot, a part of the property on land is transferred , but the remaining area is unchanged the number of land plot, in the section of the change on the registration page of the transferor, the words Transfer (or change, inheritance, ...) ... (transferred property), for ... (name and address of the transferee), area ... m² (for property being house, construction area and used floor area ), new plot plan No... (Number of new divided land plot) in application No ... (code of registration application); the remaining area is ... m², with land plot No…. “Shall be shown;

e) In case capital contribution with land use rights and property on land is deregistered, the words "Deregister the content of capital contribution date ... / ... / ... according to application No ... (code of registration application) " shall be shown.

g) In case land use rights, ownership of houses and other property on land of the wife or husband are transferred into common land use rights, ownership of houses and other property on land of both wife and husband, the words: "Transfer ... (name of transferred property) of ... (name of transferor) into the common of the wife and husband Mr.... and Mrs ... (name of spouse) in the application No... (Code of registration application " shall be shown;

h) If land use rights and property on land of households are divided to household member or a group of common ownership, used by such group members as agreed or stipulated by law, at the registration page of land plot before division, the words: "Dividing ... (name of the divided property ) to ... (name and address of the divided person), land plot No ... (number of divided land plot), area ... m² (area of divided property); the remaining area is ... m², land plot number is ... (if changed) according to application No ... (code of the registration application) " shall be shown;

In case new land plot is formed after division, at the registration page of the new land plot, the words "Being divided ... (name of the divided property) of ... (name of household or land user groups before division), divided from the land plot No... (Number of land plot before division) according to the application No ... (code of registration application) “shall be shown;

i) If the land users, the owners of property on land rename or change information on legal documents, record or address, the words "The land user (or owners of property on land) ... (changed content: Rename, change of the ID card, the Business registration certificate , ... address) from ... to ... (information before and after the change) according to application No.... (Code of the registration application) “Shall be shown;

k) In case households, individuals using the land are changed into private enterprises of such household, personal or business transformation, but not in the case of transfer of land use rights, ownership of property on land, the words “The land user (or owners of property on land) renames from ... to…. (Name and legal papers before and after change) due to ... (establishment form or business transformation) according to the application No... (Code of registration application) “Shall be shown;

l) In case investors build condominiums for sale, for sale and for rent in combination and have been granted the Certification for the land, when registering for transfer the first apartment, at the registration page of the investor, the words "The land plot with ... m² (area under the common use of the purchaser in accordance with the law) has been transferred to the form of common use" shall be shown.

If investors building condominiums has registered for granting the common Certificate for apartments, when registering to sell apartments, the words "Sell apartment No ... according to the application No... (Code of the registration application) "Shall be shown;

m) In case restriction use right of the adjacent land plot is changed, terminated, Recording shall be as follows:

- In case of change of restriction use right of the adjacent land plot, at the registration page of the land plot of the transferor and transferee, the words “ Restriction use right of the adjacent land plot registered on ../.../... Have changed ... (content of changes) under ... (name of document of change of restriction right) on... / ... / ... “shall be shown;

- In case of termination of restriction use right of the adjacent land plot, at the registration page of the land plot of the transferor and transferee, the words “ Restriction use right of the adjacent land plot registered on ../.../... Have terminated ... (content of changes) under ... (name of document of change of restriction right) on... / ... / ... “shall be shown;

In case the area of the entire land plot is changed by natural erosion, the words " natural erosion of the entire land plot ... according to the application No... (Code of registration application)" shall be shown;

In case the part of area of the land plot is changed by natural erosion, the words " natural erosion ... ^m2 according to the application No... (Code of registration application)" shall be shown;

o) In case land uses purpose is changed, the words: " Change of purpose from ……to ... ... (use purpose before and after change); use origin of changed land ...; use term ... (the origin and duration after changing purposes if any) according to the application No... (Code of registration application) “Shall be shown;

In case of transfer of use purpose of a part of land plot causing division, the words "The land plot was divided into plots ... (numbers of newly formed land plots), change the use purpose of the land plot No... Area ... m² (number and area of the land plot which is changed the use purpose) to ... (use purpose after change), according to the application No... (Code of registration application). “shall be shown.

At registration page of the newly formed land plot but not changed the use purpose, the words "Being divided from the land plot No... (Number of the land plot before division) according to the application No ... (code of registration application) “shall be shown;

At registration page of the newly formed land plot and changed the use purpose, the words "Being divided from the land plot No... (Number of the land plot before division), change the use purpose from…to… (Use purpose before and after change) according to the application No ... (code of registration application) “shall be shown;

p) In case the land use is extended, the words: "Extension of land use to date under the Decision No. ... According to application No ... (code of registration application) “shall be shown.

In case the agricultural land of households and individuals is continued to be used the words "Continue to use the land to... /.../ ... according to application No ... (code of registration application) " shall be shown;

q) If the and users switch from land lease to land allocation with collection of land levy or switch from land lease with annual payments to land lease with lump-sum payment or switch from allocation without collection of land levy to allocation with collection of land levy or lease of the State, the words "Transfer use form from... ...to….. (Specific land use form before and after being changed) from ... / ... / ... according to the application No... (Code of the registration application) ";

r) In case information about property on registered land is changed, the words "... (Name of the changed property) have changed ... (information content before and after change the) according to application No ... (code of registration application) “shall be shown.

In case of additional registration of property on land, the words "additional Certification of ownership ... (name of the additionally certified property) according to application No ... (code of registration application) " shall be shown.

s) In case the restrictions on land use rights and property on are changed the words "Restrictions on ... (content of restrictions have changed) have changed ... (changed or terminated of such restrictions according to application No ... (code of registration application) “shall be shown;

t) In case errors or mistakes in the information content of cadastral books or Certificate are detected, the words "Content ... (content of errors) has errors, which are rectified... (Rectified information) according to the application No... (Code of registration application’" shall be shown;

u) In case land is withdrawn, the words "the State withdraws the land according to the application No... (Code of registration application’" shall be shown;

In case the State withdraws a part of the land plot, the words "the State withdraws ... m², the remaining area is ... m² with land plot number ..., or property on the remaining land is ..., according to the application No... (Code of registration application)" shall be shown;

v) In case the land plot is consolidated, the words " Consolidated with the land plot No ... (ordinal numbers of the old land plot) into the land plot No... (Ordinal numbers of the newly formed land plot) according to the application No ... (code of registration application) " shall be shown; at the registration page of the new land plot, the words " Consolidated from the land plot No ... (ordinal numbers of the old land plot) according to the application No ... (code of registration application) “shall be shown;

In case the land plot is divided, the words "Dividing the land plots No ... (numbers of the land plots divided from the old land plot), according to the application No ... (code of registration application) " shall be shown. At the registration page of the newly divided land plot, the words "Divided from the land plot No ... (number of land plot before division) according to the application No ... (code of registration application) " shall be shown;

y) In case the Certificate is replaced, the words "Replaced from the old Certificate No... (Issuance No and number of the book of old certificate), book No... According to application No ... (code of registration application) “shall be shown.

z) In case the lost Certificate is reissued, recording shall be as follows:

- When users report losing the Certificate, the words "Report losing the certificate on ... / ... / ...’’shall be shown;

- When the lost Certificate is re-issued , the words "Re-issuing the Certificate from the lost Certificate No... (Issuance No and registering No. of the old certificate), registering No... According to application No ... (code of registration application) “shall be shown.

W) In case the land plot is re-measured and number and area of the land plot is changed, the words “... (Changed information) change from ... (information before changes) into ... (changed information) re-measured on ... according to application No ... (code of registration application) “shall be shown.

Example: In case of re-measurement, the land plot No. 30 is changed into the land plot No.115 , land area is changed from 600m² to 650m², the words "Number of the land plot is changed from 30 to 115; area is changed from ​​600m² to 650m² due to re-measurement on October 15, 2013 ".

In case the name of the administrative unit is changed, administrative division is adjusted under the decision of the competent State agencies state, the words "Rename ... (name of the administrative unit before the change) into. ... (Name of the new administrative unit) “Shall be shown.

Example: In case of changing the name of Tu Liem administrative unit to Bac Tu Liem District, the words “The name is changed from Tu Liem district to Bac Tu Liem district." Shall be shown

3. Data on registration application is the code to lookup application for registration of changes, 03 contiguous code set with the "dot" as a separation under the form (ST.MB. TB) shall be shown, including:

- ST is the number of the registration application as prescribed at Point b, Clause 2, Article 30 of this Circular;

- MB is the code of the change form, shown by the symbol as prescribed in Appendix No. 02 enclosed with this Circular;

- TB is the number of registration of change of each registration application established under the provisions of paragraph 2 of Article 23, shown by 03 numbers, starting with number 001.

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