Chương VI Thông tư 24/2014/TT-BTNMT: Quản lý hồ sơ địa chính

Chapter VI

MANAGEMENT OF CADASTRAL DOSSIERS

Article 28. Inspection of preparation, readjustment of cadastral dossiers

1. Inspection of cadastral dossiers shall include:

a) Inspection after initial establishment before being put into use;

b) Inspection during update and readjustment of changes.

2. Inspection content of cadastral dossiers shall include:

a) Inspection of the presentation of cadastral dossiers;

b) Inspection of the consistency of information among documents, including:

- The unification of information on numbers, area and land type between measurement documents to register and land-itemizing book;

- The unification of information on use purpose as planning between land –itemizing book and land-use planning map ;

- The unification of information on numbers, area and land type between cadastral book and land-itemizing book;

- The unification of first-time registration information between cadastral dossiers and registration procedures of land , property on land and stored copy of Certificate or scan of Certificate stored in cadastral database ( if any);

- The unification of change registration information between change registration application and cadastral dossiers , stored copy ( or scan) of Certificate, use measurement documents, land-itemizing book;

- The unification of the readjustment of the boundaries, area of the land plot between the land change registration application and cadastral map (or other measurement documents used to register);

c) Inspection of the completeness of contents of each document shall include:

- Inspection of numbers of land plot entered the land-itemizing book;

- Inspection of the number of initial registration application, change registration application of land and property on land which have been updated, readjusted in cadastral book;

- Inspection of the number of scans of Certificates and legal documents on land use rights, ownership of property on land stored in cadastral compared with the number of current documents of the same type ;

d) Inspection content of measurement and drawing cadastral maps, land-itemizing book shall comply with the provisions of the cadastral map of the Ministry of Natural Resources and Environment.

3. Responsibilities and inspection level of cadastral dossiers shall be defined as follows:

a) the Service of Natural Resources and Environment shall inspect, accepted the quality of cadastral dossier compiled initially before being put into use except for cases specified in point c of this paragraph.

Inspection level shall comply with provisions of the Ministry of Natural Resources and Environment on inspection, verification and acceptance of cadastral work, products;

b) Land Registration Authority shall:

- Inspect the measurement, readjustment and division of the land plot on the cadastral map; inspect the cadastral measurements of the land plot or other types of maps under paper and digital form for places have had no cadastral map before using to register, issue the Certificate for the cased under the competence;

- Inspect regularly the update and readjustment of complied digital cadastral dossiers

Regularly inspect the update, readjustment of cadastral dossiers for all registered cases for places have not established digital cadastral dossiers;

c) Land registration office or land use right registration office at province level shall periodically inspect the update, readjustment of cadastral dossiers compiled by branch of land registration offices or land use right registration offices at district level. Inspection level shall be a minimum of 20% of the updated and readjusted cases;

d) branch of land registration offices or land use right registration offices at district level shall inspect at least once every 6 months the update and readjustment of the copies of cadastral dossiers compiled by cadastral officers at commune level.

Article 29. Decentralization of cadastral dossiers

1. Management of digital cadastral dossiers shall be as follows:

a) Branch of land registration offices or land use right registration offices at district level shall manage the digital cadastral dossiers of central-affiliated cities and provinces.

b) For the district, town and city in the province establishing cadastral databases without connecting to cadastral database of central-affiliated cities and provinces, the Branch of land registration Office or land use right registration offices shall manager the local digital cadastral dossier.

2. Decentralization of paper cadastral dossiers shall be as follows:

a) Land registration office or land use right registration office at province level shall manage documents including:

- A stored Certificate ; issuance book of Certificate for organizations, religious institutions, foreign individuals, foreign-invested enterprises, foreign organizations with diplomatic functions, oversea Vietnamese carrying out the investment project;

- The system of registration application of the entities under competence in receipt and land registration;

- Cadastral maps and other maps and measurements documents which are being used for registration, issuance of certificate;

- System of cadastral books which are being used, prepared for those registering under the competence;

- Cadastral dossiers which are compiled over the time and are not used often in land management;

b) Branch of land registration office or land use right registration Office at district level shall manage documents including:

- A stored Certificate; issuance books of Certificate for households and individuals , communities, oversea Vietnamese entitled to own houses in Vietnam;

- The system of registration application of the entities under competence in receipt and land registration;

- Cadastral maps and other maps and measurements documents which are being used for registration, issuance of certificate;

- Cadastral books complied for entities under the competence in registration and land-itemizing books which are being used in the management of land for places which have not established cadastral database;

c) People’s Committees of communes (directly cadastral officers) shall manage copies of cadastral maps, cadastral books, land-itemizing land, and book of receipt and return of registration results, issuance Certificate of rights to use land, ownership of land and property on land for submission of the registration application in People’s Committees of communes.

3) The Service of Natural Resources and Environment, the Division of Natural Resources and Environment, People’s Committees of communes shall meet conditions for the preservation of cadastral dossier under their management competence as assigned.

Article 30. Preservation of cadastral dossiers

1. Digital cadastral dossiers shall be managed and ensured safety along with the management and safety guarantee of cadastral database as prescribed by the Ministry of Natural Resources and Environment on establishment of land database.

2. Paper cadastral dossiers shall be stored as follows:

a) Cadastral dossiers shall be grouped to preserve including:

- Cadastral maps; cadastral measurements of the land plot; other measurement documents which are used for land registration, ;

- Stored Certificates ;

- Registration application of land, property on land;

- Cadastral books, land-itemizing books, issuance books of Certificates;

- Other documents;

b) System of registration application of land, property on land specified in Paragraph 2 of Article 23 of this Circular shall be arranged and numbered in order of time of being recorded in the cadastral book of first-time registration application; numbers shall consists of 06 numbers and is numbered after the number of the dossiers compiled prior to the date this Circular takes effect.

3. Preservation duration of cadastral records is defined as follows:

a) Permanent preservation for digital cadastral dossiers and memory devices containing digital cadastral dossiers; the compiled paper documents including: Documents of cadastral measurement, land-itemizing books, issuance books of Certificate, the stored Certificate ; registration application of land, property on land as stipulated in Article 23 of this Circular, except for cases specified in clause b of this paragraph;

b) Preservation within 5 years for registration application of lease, sublease, mortgage registration with land use rights, ownership of property on land deregistered lease, sublease, deleted mortgage ; papers publicizing the results of verification of application for registration ,issuance of Certificate; notification of the update, readjustment of cadastral dossiers and other enclosed documents .

4. The management and safety guarantee of paper cadastral dossiers and memory devices shall comply with the provisions of the legislation on national archives.

Article 31. Security of cadastral dossiers

1. Cadastral data that needs security shall include:

- Information on the land users and property information of the National defense and security unit ;

- Personal information on the land users, owners of property on land which they request for security in accordance with the provisions of law;

- Other information in accordance with the law on the protection of State secrets.

2. The documents of cadastral dossiers containing confidential information specified in paragraph 1 of this Article shall be managed under privacy mode.

3. The management, transportation, delivery, transmission of documents, data, and cadastral dossiers containing confidential information and print, copy, taking photos, development, providing confidential documents from the cadastral dossiers must comply with the law on the protection of State secrets.

4. Competent agencies shall provide information and other agencies involved in the development and use of information for the request to perform the tasks assigned shall manage and secure information of cadastral dossiers in accordance with provisions of law.

Article 32. Transfer of cadastral dossiers

1. Transfer of cadastral dossiers among units and levels to use must be made in writing.

2. Compiled cadastral dossiers shall be transferred after being inspected and accepted as prescribed.

In case of transfer of products at each stage or in progress of carrying out of the project, transfer shall comply with the written agreement between the investor and the implementation unit.

3. Agencies taking charge to transfer the cadastral records shall be defined as follows:

a) the Service of Natural Resources and Environment shall take charge to transfer cadastral dossiers between consultancy unit in establishment of cadastral dossiers and the land registration Office or land use right registration Office at province level; between land use right registration Office at province level and land use right registration Office at district level; among land use right registration Offices at district level in case of transfer, acquisition and adjustment of administrative division among districts; between land use right registration Office at district level and the land registration Office;

b) Land registration Office shall take charge to transfer the cadastral dossiers to Branch of land registration Office; among Branches of land registration Offices;

c) the Division of Natural Resources and Environment shall take charge to transfer copies of cadastral dossiers among branches of land registration Offices or land use right registration Office at district level to People’s Committees of communes; among communes foe to transfer, acquisition and adjustment of administrative division at commune level under the same administrative units at district level;

d) Presidents of People’s Committees of communes shall cooperate Branch of land registration Offices or land use right registration Offices at district level to take charge to transfer copies of cadastral dossiers when changing cadastral officers at commune level.