Land is a sensitive and controversial issue. In fact, there are many land disputes that occur, from land disputes to other violations of the law, even being criminally handled. In some cases, to be able to carry out legal procedures with the land under our use right, we need to request an extract of the land plot. So about the matter “What is an extract of land under Vietnam law?” Let’s find out with LSX in the article below.
Legal grounds
- Decree 43/2014/ND-CP
- Circular 30/2014/TT-BTNMT
What is an extract of land under Vietnam law?
Extracting a land parcel or extracting a cadastral map is understood as the copying of information of a land parcel including: size, shape, location, etc.
This information helps state agencies to manage land more conveniently and assist in resolving arising disputes. Excerpts of land fire will also help land users to exercise related rights and obligations.
+ Cadastral maps showing land plots and related geographical information, made according to administrative units of communes, wards and townships, certified by competent state agencies.”
+ Extraction is the partial extraction and duplication of information.
Thus, extracting a land parcel can be understood as taking part or all of information or making a copy of the original of one or more land plots and geographical elements of that land plot based on original records and papers. had.
Why is it necessary to extract the land plot?
As mentioned above, extracting land plots not only helps state agencies to manage land well, but also helps to resolve disputes related to this issue. Besides, the extract of the land plot also plays an important role in the following cases:
In case the land does not have a cadastral map and no deduction for land plot measurement: If the land you currently own does not have a cadastral map and no cadastral measurement is available, the Land Registration Office will extract the cadastral measurement of the parcel. land or extract the cadastral map for that land. This is specified in Clause 3, Article 77 of Decree 43/2014/ND-CP.
In case there is a dispute between land users over land use rights and ownership of related assets: When a dispute occurs, the two parties will request the competent authority to issue an extract of the cadastral map. .
In case of exercising the rights of land users, such as transfer, lease, inheritance, donation or mortgage of land use rights; capital contribution by land use rights, etc. When exercising these rights of land users, the extraction of the land plot will also be performed by the responsible agency.
In case the applicant for land allocation or land lease makes a request to the state agency in charge of land: According to Point d, Clause 1, Article 3 of Circular 30/2014/TT-BTNMT, if in the process of applying for land allocation or lease If people request to extract cadastral measurements of the land plot, the natural resources and environment agency must be responsible for this.
In case the land boundary is blurred or lost: When the land boundary is blurred or lost, the state agency in charge of land will approve the extract of the cadastral map to determine the limit of each land parcel.
In case a state agency issues certificates of land use rights and ownership of houses and land-attached assets to land users, registers land and assets attached to land, etc. The country issuing the certificate of land use right, and other related rights to the user, will perform the extraction of the land plot.
How to extract the land cadastral map?
Procedures for extracting land plots
To be able to extract the land plot, you need to prepare all the documents including:
Request form for providing land data;
Contract/requirement on extracting land plot;
Papers on land use and related papers (copy);
Proof of identity.
The order of execution
Step 1: Submit application for extract of land plot
For organizations: Filed at the Land Registry Office
For individuals: Submit at the branch of land registration office;
Submit the request form at the office/branch of the land registration office or the commune-level People’s Committee.
Step 2: Check and verify the application -> Receive and settle
Upon receipt of a valid request form, the land registration office shall perform the following tasks:
– Provide map extract to the requester;
– Notify financial obligations to organizations and individuals (if any);
– If refusing to provide information, it must reply in writing and clearly state the reason.
Note some cases where information and data are not provided, including:
– The request form has unclear and specific contents;
– The request form does not have signature, name and specific address of the individual;
– The purpose of using the data is not in accordance with the law;
– The requester fails to fulfill financial obligations (no fee if payable).
This is done at the Land Registry Office, this office will be responsible for extracting and measuring the land plot, the land area where there is no cadastral map. Or there is a cadastral map but the current status of the land use boundary has changed, providing land data upon request.
Step 3: Complete financial obligations and get results
After paying the required fees, the requester will receive the result within 03 days from the date of the settlement result.
– If the request is received before 15:00, it must be provided on the same day; If the request is received after 15 hours, it will be processed the next working day.
– In case of request for provision of land data in the form of general information, the time limit shall be determined by agreement.
Cases where cadastral maps need to be extracted
– Registration of land, assets attached to land, issuance of certificates
According to Point b, Clause 3, Article 70 of Decree No. 43/2014/ND-CP upon registration of land and land-attached assets, issuance of a Certificate for the first time and additional registration of land-attached assets in the locality. If there is no cadastral map or there is a cadastral map but the current status of the land use boundary has changed, the Land Registration Office will extract the cadastral map or extract the cadastral measurement of the land plot.
– Re-issuance of Certificate
According to Clause 3, Article 77 of Decree No. 43/2014/ND-CP, when re-granting certificates, certificates of house ownership or certificates of ownership of construction works due to loss, the land registration office be responsible for extracting cadastral maps or cadastral measurements of the land plot in case there is no cadastral map and no cadastral measurement of the land plot.
– As a basis for settling land disputes
After the land dispute conciliation at the commune-level People’s Committee is unsuccessful, if the parties choose to settle the dispute at the People’s Committee of the district or province, then extract the map and cadastral records over the period related to the disputed land area. Dispute is one of the grounds for settling land disputes (according to point c, clause 3, Article 89 of Decree 43/2014/ND-CP).
– The person applying for land allocation or land lease has a request
According to Clause 1, Article 3 of Circular 30/2014/TT-BTNMT, when receiving land allocation or land lease without auction of land use rights, for cases falling under the land allocation or lease competence of the provincial People’s Committee, the applicant land allocation or land lease must submit 01 set of documents.
– In the application file for land allocation or land lease, there must be an extract of the cadastral map of the land plot or an extract of the cadastral measurement of the land plot.
The natural resources and environment agency is responsible for providing an extract of the cadastral map of the land plot for the places where the cadastral map is already available, or making a cadastral measurement of the land plot at the request of the applicant for land allocation or lease. soil.
– As a component of the dossier submitted to the People’s Committee for permission to change the land use purpose
Clause 2, Article 6 of Circular 30/2014/TT-BTNMT stipulates: A dossier submitted to the People’s Committee of the province or district for decision on permitting the change of land use purpose must contain an extract of the cadastral map of the land plot or an extract of cadastral measurements. parcel of land.
– As part of the dossier submitted to the People’s Committee for land acquisition decision
When the State recovers land for national defense and security purposes; Socio-economic development for the national and public interest, there are different types of documents such as the application for issuance of the notice of land recovery (Article 9 of Circular 30/2014/TT-BTNMT) implementation of the decision on compulsory inventory (Article 10 of Circular 30/2014/TT-BTNMT), documents submitted for issuance of the decision on land recovery, the decision on enforcement of land recovery (Article 11 of the Circular 30/2014/TT-BTC). BTNMT).
Which agency has the authority to issue cadastral map extracts?
According to Article 29 of Circular 24/2014/TT-BTNMT stipulating
“Article 29. Decentralization of management of cadastral records
1. Management of digital cadastral records:
a) The land registration office or the provincial land use right registration office is responsible for managing the digital cadastral dossiers of the province or centrally run city;
b) For districts, urban districts, towns and provincial cities that have built the cadastral database but have not yet connected to the cadastral database of the province or centrally run city, the branch of the Cadastral Registration Office shall land or the district-level land use right registration office is responsible for managing the local digital cadastral records.
2. Decentralization of management of paper cadastral dossiers:
a) The land registration office or the provincial land use right registration office shall manage the following documents:
– A copy of the Certificate; Certificate issuance book for organizations, religious establishments, foreign individuals, foreign-invested enterprises, foreign organizations with diplomatic functions, overseas Vietnamese who carry out projects investment project;
– System of registration dossiers and procedures of subjects under the competence to receive and perform land registration;
– Cadastral maps and other maps and surveying documents being used for registration and issuance of certificates;
– The system of cadastral books in use, which is made for registered subjects under its authority;
– The cadastral records that have been made over the years are not used regularly in land management;
b) The branch of land registration office or district land use right registration office shall manage the following documents:
– A copy of the Certificate; Certificate issuance book for households, individuals, residential communities, overseas Vietnamese who are entitled to own houses in Vietnam;
– System of registration dossiers and procedures of subjects under the competence to receive and perform land registration;
– Cadastral maps and other maps and surveying documents used in registration and issuance of certificates;
– The cadastral book is made for the subjects under the registration competence and the land-itemizing book is being used in land management for the places where the cadastral database has not yet been built;
c) Commune-level People’s Committees (directly being cadastral officials) manage copies of cadastral maps, cadastral books, land-itemizing books, books of receipt and return of registration results, and grant of certificates land use rights, ownership of houses and other land-attached assets, for cases where registration dossiers are submitted at the commune-level People’s Committees.
3) The Department of Natural Resources and Environment, the Division of Natural Resources and Environment, and the People’s Committee of the commune are responsible for ensuring conditions for the preservation of cadastral records under the management authority of the locality according to decentralization. “
Thus, it can be determined that the competent authority to provide extracts of cadastral maps for individuals and organizations is the Land Registration Office and the People’s Committee of the commune where the land is located. Therefore, land users can submit a request for an extract of the cadastral map at one of these agencies.
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Frequently asked questions
There are two types of citations:
The extract is a copy issued from the original book;
– The extract is a certified copy of the original.
In the dossier submitted to the People’s Committee of the district/province when issuing the decision on land recovery, land lease, and land allocation, the extract of the land plot is one of the important documents. It can be said that extracting a land plot is a separate measurement from the land plot at the place where the cadastral map is available.
The extract of the cadastral map is not a document on land use rights, it is not a document to prove the conditions for being granted a red book. Therefore, extracting cadastral maps is not a condition to issue a red book.
– The ordinal number of the land plot, the map sheet, the address of the land plot (commune, district, province)
– Area of land plot
Purpose of using land
– Name of land user and permanent address
– Changes of land plot compared to legal documents on land use rights
– Land plot drawing including: plot of land plot, length of side of the plot, technical dossier of land plot
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