Chương V Thông tư 24/2014/TT-BTNMT: Cập nhật, chỉnh lý hồ sơ địa chính

Chapter V

UPDATE, READJUSTMENT OF CADASTRAL DOSSIERS

Article 25. Documents of cadastral dossiers updated and readjusted the change, and base of update and readjustment

The document of cadastral dossiers updated and readjusted the change, and base of update and readjustment in changes shall comply with the following provisions:

Article 26. Procedures and time of update, readjustment of the change of the cadastral dossiers

1. In case of regular or first-time registration of land, property on land and change registration, cadastral dossiers shall be updated and readjusted as follows:

a) For places which have established cadastral database, update and readjustment of cadastral dossiers shall be carried out along with registration procedures in the following order:

- Update registration information and scan the legal papers of land use right, land management right, ownership of property on land ( if any) after the receipt of a satisfactory application;

- Updated results of readjustment of cadastral maps or cadastral measurements of the land plot and land-itemizing book for cases needing cadastral measurement;

- Update the results of application inspection after completion of inspection within the competence;

- Updated information on the financial obligations of land users after receipt of payment vouchers of financial obligations or documents of competent authority on the owning or exemption or reduction of financial obligations as prescribed;

- Scan and enter additional information to the cadastral dossier of the certificate signed to issue or confirmed changes; for the first-time registration and no demand or ineligibility or outside the case of the issuance of Certificate, the additional information shall be entered as prescribed for cases where no certificate is issued;

- Inspect the update and readjustment; extract into the cadastral book and sign for approval the established or readjusted page of cadastral book;

b) Places which have not established cadastral database, cadastral dossiers shall be updated and readjusted in accordance with the following provisions:

- In case of first-time registration, issuance of certificate or change registration, cadastral dossiers shall be updated and readjusted and the certificate shall be made copies for storage before it is given to the grantee;

- In case of first-time registration without being eligible for issuance of Certificates, cadastral dossier shall be updated and readjusted after receiving the written opinion of the competent authorities of the case of ineligibility of issuance of certificate;

- In case of first-time registration, and land users have no demand for certificates or registration of land assigned to manage by the State, cadastral dossiers shall be updated and readjusted after inspection of the dossier is completed within the competence.

2. In case of land withdrawal, the made land withdrawal records (land transfer on real land) shall be based on to readjust the cadastral dossiers in the following order:

a) Readjust cadastral maps or cadastral measurements of the land plot and readjust the land-itemizing book for cases of withdrawal of a part of the land plot according to the area transfer on real land) ;

b) Confirm the revocation the issued certificate to store; in case of withdrawal of a part of the land plot, scan and copy the certificate of confirmation of land withdrawal to store;

c) UPDATE, READJUST cadastral DOSSIERS. For places establishing the cadastral database, inspect the update of information; extract into the cadastral book and sign to approve on the readjusted page of cadastral book.

3. In the case of land allocation and land lease (including cases through auctions of land use rights), cadastral dossier shall be updated, readjusted after transfer of land on the real land in the following order:

a) Inspect, readjust cadastral maps or cadastral measurements of the land plot and the land-itemizing book in accordance with current conditions of land transfer on real land;

b) Update registration information from record of land allocation, land lease, land use right auction which is entered into cadastral book;

c) Scan or copy and enter additional information on the cadastral dossiers about the signed Certificates to store before giving it to the grantee;

d) Inspect the update of information, extract into the cadastral book and sign to approve on the compiled page of cadastral book for places establishing the cadastral database.

4. In case of reissuance of the lost Certificate, update and readjustment of cadastral dossiers shall be carried out along with procedures in the following order:

a) Update information on the loss of Certificates in the cadastral book after receiving the application for reissuance the lost Certificate;

b) Scan or copy and enter additional information into the cadastral dossier on the decision to cancel the lost Certificate and reissue the certificate before giving to the grantee;

c) Inspect the update of information, extract into the cadastral book and sign to approve on the readjusted page of cadastral book for places establishing the cadastral database.

5. In case of replacement or revision of the granted Certificate, update and readjustment of cadastral dossiers shall be carried out in the following order:

a) For places which have established cadastral database, update and readjustment of cadastral dossiers shall be carried out along with registration procedures in the following order:

- Enter registration information for replacement or revision of the granted Certificate, scan the granted Certificate after receiving a satisfactory application for the case not scanned;

- Enter the inspection results of application inspection after completion of inspection within the competence;

- Scan and enter additional information on replacement of Certificate, the revised Certificate before giving it to the grantee;

- Inspect the update of information, extract into the cadastral book and sign to approve on the compiled page of cadastral book for places establishing the cadastral database;

b) For places which have not established cadastral database, tasks specified in this paragraph shall be fulfilled after the competent authority signs to replace the Certificate or revise in the Certificate before it is given to the grantee.

6. The update, revision of cadastral dossiers for cases specified in paragraphs 1, 3, 4 and 5 of this Article must be completed before giving the Certificates to the grantee and within 03 working days from the date of signing to issue the Certificate or the date of certification of changes in the issued certificate or the date of completion of the registration application inspection for cases of no demand for certificates or registration of land assigned to manage; the case provided for in paragraph 2 of this Article must be completed within 05 working days from the date of transfer of land in the real land.

Article 27. Data synchronization of cadastral dossiers at all levels

1. Places establishing digital cadastral dossier, data synchronization of cadastral dossiers at all levels shall be carried out along with the synchronization of cadastral database as prescribed by the Ministry of Natural Resources and Environment on establishment of land database.

After updating the received database synchronization, land registration offices must extract in digital cadastral dossier additional first-time registration data; updated change registration data from the cadastral database.

2. Data synchronization of copies of communal cadastral dossiers shall comply with the following provisions:

a) For the commune-level administrative units using directly the digital cadastral dossiers via the transmission line connected to the cadastral database of the province and district, the commune-level cadastral officers do not synchronize the data.

For places which have established digital cadastral dossier, but communal administrative units have not developed the direct use of digital cadastral dossiers from database of the province and district, branch of land registration office or land use right registration Office at district level shall periodically extract, copy in the storage device of data newly updated and readjusted and send to cadastral officers at commune level to update the copies of digital cadastral dossiers forms of commune.

Periodical time for the extraction and sending data to commune shall be defined in accordance with conditions of each commune by the branch of land registration office or land use right registration office at district level, but it shall be no more than 15 days once.

Cadastral officers at commune level must enter the data newly updated and readjusted sent by brace of land registration office or land use right registration office into copies of digital cadastral dossiers of communes within 02 working days from date of receipt to manage and use;

b) For the commune-level administrative units which still use paper cadastral records, within 03 working days from the date of update and revision of the cadastral dossiers for settled changes, land registration authority must notify in writing the communal cadastral officials to update, readjust copies of cadastral dossiers.

After receiving notification on update, revision of cadastral dossier, cadastral officers at commune level shall update and revise into copies of cadastral dossiers under their management to use within 03 working days.