Hồ sơ địa chính là gì? Công tác lập và quản lý hồ sơ địa chính?

What is a Cadastral Profile? Responsibility for correction of cadastral records? Procedures for correction of cadastral records? Regulations on cadastral records according to Circular 24/2014/TT-BTNMT?

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1. What is a cadastral record?

Cadastral profile is a collection of documents showing detailed information on the current status and legal status of the management and use of land parcels and properties attached to land to serve the requirements of state management of land and the needs of the land. information requests of relevant organizations and individuals.

Components of cadastral records

The composition of cadastral dossiers is specified in Circular No. 24/2014/TT-BTNMT as follows: Article 4. Composition of cadastral dossiers

1. Localities build and operate cadastral databases, cadastral records are made in digital form and stored in the land database, including the following documents:

a) Cadastral surveying documents, including cadastral maps and land-itemizing books;

b) The cadastral book;

c) A copy of the Certificate.

2. In a locality that has not yet built a cadastral database, a cadastral dossier includes:

a) Documents specified at Points a and c, Clause 1 of this Article are made in paper form and in digital form (if any);

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b) Documents specified at Point b, Clause 1 of this Article are made in paper or digital form;

c) The land change monitoring book is made in paper form.

2. Responsibilities for correction of cadastral dossiers:

A cadastral dossier is a collection of documents showing detailed information on the current status and legal status of the management and use of land parcels and properties attached to land to serve the requirements of state management of the land. land and information needs of relevant organizations and individuals. The preparation, update and correction of cadastral dossiers must comply with the administrative order and procedures as prescribed by the land law. The content of information in the cadastral dossiers must be consistent with the certificate obtained. level (if any) and suitable to the current status of land management and use.

Regarding the responsibility for the correction of cadastral records:

According to the current land law, the responsibility for correction of cadastral records is specified in Article 6 of Circular 24/2014/TT-BTNMT as follows: Article 6. Responsibility for making, updating and correcting cadastral dossiers

1. The Department of Natural Resources and Environment is responsible for performing the following tasks:

a) Organize the measurement and preparation of cadastral maps and land-itemizing books;

b) Direct the adjustment and update of changes in cadastral maps and land-itemizing books; establish, update and correct changes in cadastral books and other documents of local cadastral records on a regular basis.

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2. The land registration office is responsible for performing the following tasks:

a) Make regular adjustments to cadastral maps and land-itemizing books:

b) Organize the preparation, update and correction of changes in cadastral dossiers in addition to the documents specified at Point a of this Clause;

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c) Provide copies of cadastral maps, cadastral books, land-itemizing books (in digital or paper form) to the People’s Committees of communes, wards and townships (hereinafter referred to as the People’s Committees of communes) use.

3. The branch of the land registration office shall perform the tasks specified in Clause 2 of this Article with respect to land users, assigned by the State to manage land and own land-attached assets under its jurisdiction. handling registration procedures.

4. In localities that have not yet established land registration offices, land use right registration offices at all levels shall perform the following tasks:

a) The land use right registration office under the Department of Natural Resources and Environment (hereinafter referred to as the provincial land use right registration office) shall organize the preparation of cadastral books; provide cadastral measurement documents, cadastral books and land-itemizing books to the land use right registration office under the Division of Natural Resources and Environment (hereinafter referred to as the district-level land use right registration office). ); update and correct cadastral dossier documents specified at Points a and b, Clause 2 of this Article for land plots of foreign organizations, religious establishments, foreign individuals, and foreign organizations. have diplomatic functions, foreign-invested enterprises and Vietnamese people living abroad implementation of investment projects;

b) The district-level land use right registration office shall update and correct the cadastral dossier documents specified at Points a and b, Clause 2 of this Article for land plots belonging to households and individuals. individuals, communities and overseas Vietnamese owning houses in Vietnam; provide copies of cadastral maps, cadastral books and land-itemizing books for the commune-level People’s Committees to use.

see more: Cadastral Grid

5. Commune-level People’s Committees shall update and correct copies of cadastral surveying documents, cadastral books and land-itemizing books under their management according to the provisions of this Circular for use in service of management requirements. local land management.

Thus, the correction of cadastral records is carried out at many agencies, in which the Department of Natural Resources and Environment is the agency directing the adjustment of cadastral records, the agency directly implementing the adjustment of cadastral records. including: Commune People’s Committee, District Land Use Right Registration Office, Provincial Land Use Right Registration Office, Land Registration Office and Land Registration Office Branch.

3. Procedures for correction of cadastral dossiers:

Article 26 of Circular 24/2014/TT-BTNMT stipulates the order of adjustment of changes in cadastral records as follows:

“first. In case of regular registration of land and land-attached assets, including first-time registration and registration of changes, the cadastral file shall be updated and adjusted as follows:

a) Where the cadastral database has been built, the digital cadastral dossiers shall be updated and adjusted in association with the registration process in the following order:

– Update registration information and scan legal documents on land use rights, land management rights, ownership of land-attached assets (if any) after receiving valid dossiers;

– Update results of cadastral map adjustment or cadastral measurement of land plots and land-itemizing books in case cadastral measurements are required;

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– Update the results of the examination of records after completing the inspection according to their competence;

see more: Making, correcting and supplementing cadastral maps according to the Land Law

– Update information on implementation financial obligations of land users after receiving documents of payment of financial obligations or documents of competent authorities on the debiting or exemption or reduction of financial obligations as prescribed;

– Scan and enter additional information into the cadastral records about the signed Certificate of issuance or confirmed changes; in case of first registration and there is no need or ineligibility or not in the case of issuance of a Certificate, then enter additional information as prescribed for the case of non-issuance of the Certificate;

– Check the update and correction; extract into the cadastral book and sign for approval the page of cadastral book which has been made or adjusted;

b) Where the cadastral database has not yet been established, the cadastral dossiers shall be updated and adjusted according to the following regulations:

– In case of first registration, issuance of Certificate or change of registration, the cadastral dossier shall be updated and corrected and the Certificate shall be copied for storage before handing the Certificate to the grantee;

– In case of first-time registration of land without being eligible for a Certificate, the cadastral dossier shall be updated and adjusted after receiving written opinions from the competent authority on the case of ineligibility. Certificate issue;

– In case of land registration for the first time but the land user does not need to issue a Certificate, register the land assigned by the State to manage, update and correct the cadastral dossier after completing the inspection of the dossier. according to authority.

2. In case of land recovery, based on the completed land recovery dossier (which has been handed over in the field) to adjust the cadastral dossier in the following order:

see more: Agency providing cadastral information

a) Adjust the cadastral map or cadastral measurement extract of the land parcel and adjust the land-itemizing book in case of partial recovery of the land parcel according to the area of ​​land handed over in the field;

b) Confirm the revocation to the issued Certificate for storage; in case part of the land parcel is recovered, scan or copy the certified land recovery certificate for storage;

c) Update and adjust cadastral books. Where the cadastral database has been built, check the update of information; extracted into the cadastral book and signed for approval the edited cadastral book page.

3. In case land is allocated or leased (including through auction of land use rights), the cadastral dossiers shall be updated and adjusted after the land has been handed over in the field in the following order:

a) Check and correct the cadastral map or cadastral measurement extract of the land plot and the land-itemizing book to be consistent with the current status of land handover in the field;

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b) Update registration information from the completed land allocation, land lease, and land use right auction documents into the cadastral book;

c) Scan or copy and enter additional information into the cadastral file about the signed Certificate for storage before handing it over to the grantee;

d) Check the update of information, extract it into the cadastral book and sign for approval the page of the cadastral book made for the place where the cadastral database has been built.

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4. In case of re-issuance of the lost Certificate, update and adjust the cadastral dossiers associated with the process of carrying out the procedures in the following order:

a) Update information about the loss of the Certificate in the cadastral book after receiving the application for re-issuance of the lost Certificate;

b) Scan or copy and enter additional information into the cadastral file on the decision to cancel the lost Certificate and re-issue the Certificate before handing it over to the grantee;

c) Check the update of information, extract it into the cadastral book and sign for approval the adjusted cadastral book page for the place where the cadastral database has been built.

5. In case of renewal of Certificates or correction of issued Certificates, the cadastral dossiers shall be updated and adjusted in the following order:

a) Where the cadastral database has been built, the cadastral dossiers shall be updated and adjusted in association with the process of carrying out procedures in the following order:

– Enter the registration information for the renewal of the Certificate or the correction of the Certificate; scan the issued Certificate after receiving valid dossiers for cases that have not been scanned;

– Enter the results of the examination of records after completing the inspection according to the authority;

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– Scan and enter additional information for the replacement of the Certificate, the Certificate has been corrected before giving it to the grantee;

– Check the update of information, extract it into the cadastral book and sign for approval the page of the cadastral book made for the place where the cadastral database has been built;

b) Where the cadastral database has not yet been established, the tasks specified in Point a of this Clause shall be performed after the Certificate has been signed by a competent authority or corrected in the Certificate before handing over the Certificate. to the grantee.

Thus, depending on each case that needs to be adjusted, the agencies responsible for editing the cadastral records shall base on the above provisions to correct the records in accordance with the legal order.

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