Chương IV Thông tư 24/2014/TT-BTNMT: Lập hồ sơ địa chính

Chapter IV

COMPILATION OF CADASTRAL DOSSIERS

Article 20. Drawing cadastral map and establishment of land-itemizing book

1. Cadastral map is a part of the cadastral dossier; it shows the location, boundaries, area of ​​the land plot and trespassed land; it is used to for land registration, granting Certificate and other contents of the State management on land.

2. The land-itemizing book is the product of cadastral investigation, measurement to summarize the cadastral information of a land plot and trespassed land, including: Number of maps, number of land plot, area, land type, name of land user and the person assigned to manage the land to serve the requirements for land management.

3. Cadastral maps, land-itemizing books shall be established and stored in cadastral database to be used for land management at all levels; printed out on paper for use in areas where cadastral database has not been completed or has had no conditions to develop the use of cadastral map, digital land-itemizing book.

4. Measurement and readjustment of cadastral maps, land-itemizing book shall comply with the provisions of the cadastral map of the Ministry of Natural Resources and Environment.

5. If cadastral maps have not been measured, other types of measurement documents shall be used to register the land in accordance with the following provisions:

a) Where there are cadastral maps, the change of the land plot boundaries, land types must be inspected, measured, revised to make it suitable for current conditions of use and regulations on land type, land user in accordance with This Circular to use;

b) Where there is map of detailed planning of urban construction, construction planning of the rural residential area, inspection, revision must be carried out to suit the current conditions of land use and edit the content under the provisions on cadastral maps to use;

c) Where there is no cadastral map or map of detailed construction planning, the cadastral measurements must be carried out for use under the provisions of the cadastral map of the Ministry of Natural Resources and Environment.

Article 21: Compilation of Cadastral book

1. Cadastral book shall be compiled to record the results of registration, as the basis for determining the legal status and supervision, protection of the rights and obligations of land users, owners of property on land, persons assigned to manage the land by the State in accordance with the legislation on land.

2. The contents of the cadastral book shall include the following data:

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

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

c) Data on land use right, land management rights;

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

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

e) Data on change in the land use and ownership of property on land

3. Cadastral book shall be compiled in digital form, signed to approve by electronic signature by the Heads of land registration agencies as prescribed and stored in the cadastral database in the Form 01 / DDK enclosed herewith this Circular.

4. Places which have not established cadastral database and have had no conditions to compile digital cadastral books as prescribed in this Circular shall continue to update the paper cadastral books which is being used as prescribed in Circular No. 09/2007 / TT-BTNMT dated August 2, 2007 by the Minister of Natural Resources and Environment providing guidance on compilation , revision, management of cadastral dossiers; content of information recorded in the book shall comply with the guidance on amendment and supplementation in Appendix 03 enclosed with this Circular.

Article 22. File copy of Certificates

1. The digital certificate file copy shall be scanned from the original Certificate before being given to land users to store in cadastral database.

2. Places which have not established the cadastral database shall set up the storage system of Certificates in the form of paper, including:

a) land use right certificate ( white) signed to store by competent agencies as prescribed in the Minister of Natural Resources and Environment’s Decisions No. 24/2004 / QD-BTNMT dated November 1, 2004 and Decision No. 08/2006 / QD-BTNMT dated July 21, 2006 promulgating the provisions on certificates of land use rights;

b) house use right certificate and land use right ( green) signed to store by competent agencies as prescribed in the Government's Decree No. 60 / CP dated July 5, 1994 on ownership of housing and land use right in urban areas;

c) Certificate of rights to use land, ownership of land and property on land shall be make copies to store under the provisions of Circular No. 17/2009 / TT-BTNMT and Circular No. 23/2014 / TT -BTNMT dated May 19, 2014 of the Minister of Natural Resources and Environment defining Certificate of rights to use land, ownership of land and property on land;

d) land use right certificate, Certificates of ownership and land use right, Certificates of ownership, Certificates of ownership of construction works submitted by land users when changes are registered shall be make copies under the form of true copy, stamped by the land registration Agencies on page 1 of the certificate copies to store.

3. When cadastral database is established but the original certificate has not been scanned, the file copy of certificate prescribed in paragraph 2 of this Article shall be scanned; in case of registration of changes, the original certificate shall be scanned.

Article 23. Application for registration of land and property on land

1. Registration application shall be summarized to store and lookup when needed shall include:

a) The papers submitted by land users, owners of property on land for initial registration and the registration of change;

b) The papers compiled by the competent authority during carrying out the procedures of checking the application; declaration of the application and verification under the opinions of the public content (in the case of first registration); determination and collection of the financial obligations related to the initial registration and registration of changes as prescribed.

2. Application defined in Paragraph 1 of this Article shall be in paper form, collected into the registration application for each land plot(including registration application for property on land of owners who are not land users), for each apartment.

In case of the initial registration, the land users request for a common Certificate for many land plots in accordance with provisions, a common registration application shall be made for such land plots.

In case of common registration for many land plots without granting Certificate, a common registration application shall be made for such land plots.

In case of registration for changes, the land plot is divided to form many new land plots; the registration application chill is made for each newly divided land plot.

In case of registration for consolidation of land plots, the registration application shall be made for the newly consolidated land plot on the basis of combination of registration application of the land plot before consolidation

3. For places which have commenced electronic registration, registration application specified in paragraph 1 of this Article shall be made in digital form and stored in the database of land.

4. For places which established the land database but have not received the digital registration application, the documents specified at Point b, Clause 1 of this Article shall be made in digital form and stored in the land database.

5. Places establishing the land database on the basis of digitization of paper cadastral dossiers shall scan and store in cadastral database the following papers:

a) Legal papers on the origin and change of land use right, ownership of property on land specified in Chaise 2 Article 18 of this Circular;

b) Extract of the cadastral map;

c) Vouchers of financial obligations and the papers of the competent authorities in exemption and reduction of financial obligations on land, property on land.

Article 24. Roadmap of compilation, change of cadastral records into digital format

1. Places establishing the cadastral database shall complete digital cadastral dossiers under the provisions of this Circular before 2016.

2. Roadmap of change the cadastral dossiers from paper form to digital form shall comply with the provisions of the roadmap of establishment of cadastral database of the Ministry of Natural Resources and Environment.