The Ministry of Natural Resources and Environment promulgates Circular 02/2023/TT-BTNMT amending and supplementing a number of articles of Circular 23/2014/TT-BTNMT providing for certificates of land use rights, ownership of houses and other land-attached assets and amending and supplementing a number of articles of Circular 24/2014/TT-BTNMT providing for cadastral records.
Correction of regulations on numbers in the red book issuance book
According to Clause 1, Article 1 of Circular 02/2023/TT-BTNMT, the number entered in the Certificate issuance book (red book) is written in alphanumeric (which is the ordinal number entered in the Certificate granting book) according to the following regulations:
For Certificates issued by district-level People's Committees, write the letter "CH", followed by the ordinal number in the Certificate-issuing book, consisting of 5 digits and followed by the ordinal number of the issued Certificate according to Circular 17/2009/TTBTNMT.
For Certificates issued by provincial-level People's Committees or Departments of Natural Resources and Environment, write the letter "CT", followed by the ordinal number in the Certificate-issuance book consisting of 5 digits made for each provincial-level administrative unit and followed by the ordinal number of the issued Certificate according to Circular 17/2009/TTBTNMT.
In case the Land Registration Office issues the Certificate according to the provisions of Point a, Clause 1, Article 37 of Decree 43/2014/ND-CP (amended and supplemented in Clause 5, Article 1 of Decree 10/2023/ND-CP), the letter “CT” shall be written, followed by the ordinal number in the 5-digit Certificate issuance book, which is made for each provincial administrative unit and followed by the ordinal numbering system.
For Certificates issued by the Land Registration Office according to the provisions of Point b, Clause 1, Article 37 of Decree 43/2014/ND-CP (amended in Clause 5, Article 1 of Decree 10/2023/ND-CP), write the word “VP”, followed by the ordinal number in the certificate-issuance book consisting of 5 digits made for each commune-level administrative unit and followed by the ordinal numbering system for the cases issued by the district-level People's Committee.
For a Certificate issued by a branch of the Land Registration Office under the provisions of Point b, Clause 1, Article 37 of Decree No. 43/2014/ND-CP (amended in Clause 5, Article 1 of Decree 10/2023/ND-CP), write the word “CN”, followed by the ordinal number in the certificate-issuance book consisting of 5 digits, which are made for each commune-level administrative unit and followed by the numbering system issued by the district-level People's Committee.
Amendment of regulations on confirmation of changes to the issued red book when registering land changes
Clause 2, Article 1 of Circular 02/2023/TT-BTNMT has amended regulations on certifying changes to the Certificate issued when registering changes in land and land-attached assets in Clause 3, Article 17 of Circular 23/2014/TT-BTNMT (added by Circular 33/2017/TT-BTNMT) as follows:
The grant of Certificates for the cases specified at Points a, b, e, g, h, l, m and r, Clause 1 and Points a, c, d, dd, e, g, h and i, Clause 2, Article 17 of Circular 23/2014/TT-BTNMT shall comply with the provisions of Article 37 of Decree 43/2014/ND-CP (amended and supplemented in Clause 5, Article 1 of Decree).
For the cases specified at Point n, Clause 1 and Point b, Clause 2, Article 17 of Circular 23/2014/TT-BTNMT, the natural resources and environment agency is responsible for carrying out the procedures specified in Clause 2, Article 69 of Decree 43/2014/ND-CP, then transfer the dossier to the agency specified in Article 37 of Decree 43/2014/ND-CP (amended and supplemented in Clause 5, Article 1 of Decree).
Amendment of regulations on agency certifying changes to the issued red book when registering land changes
Clause 3, Article 1 of Circular 02/2023/TT-BTNMT amending regulations on agencies certifying changes to issued red books when registering land changes in Article 19 of Circular 23/2014/TT-BTNMT (amended by Circular 02/2015/TT-BTNMT).
Specifically, the agency shall certify changes to the issued Certificate in accordance with the following regulations:
In case of changes specified in Clause 1, Article 17 of Circular 23/2014/TT-BTNMT and not in the case specified at Point b of this Clause, the agency specified in Clause 1, Article 37 of Decree 43/2014/ND-CP (amended in Clause 5, Article 1 of Decree 10/2023/ND-CP) shall be implemented.
For localities that have not yet established land registration offices according to the provisions of Points a and b, Clause 1, Article 5 of Decree No. 43/2014/ND-CP (amended in Clause 4, Article 2 of Decree No. 01/2017/ND-CP), the Land Use Right Registration Offices established in accordance with the 2003 land law shall continue to certify changes in the issued Certificates according to their assigned functions and tasks.
In case of correction of incorrect content on the issued Certificate, the competent authority to issue the Certificate shall comply with the provisions of Article 105 of the Land Law and Article 37 of Decree 43/2014/ND-CP (amended and supplemented in Clause 5, Article 1 of Decree 10/2023/ND-CP).
In case of additional certification of ownership of land-attached assets to the issued Certificate, the certificate-issuing authority shall comply with the provisions of Article 37 of Decree 43/2014/ND-CP (amended and supplemented in Clause 5, Article 1 of Decree 10/2023/ND-CP).
The agency above records the date month year; Sign, seal and write the full name and position of the signer in the column "Confirmation of the competent authority".
New guidance on issuance of red books with land in addition to land use right documents
Article 2 of Circular 02/2023/TT-BTNMT has added regulations on the issuance of red books with additional land compared to documents on land use rights in Article 9a of Circular 24/2014/TTBTNMT on cadastral records.
Accordingly, the issuance of the Certificate is applied to the entire area of the land plot in use (including the original land plot area and the increased land area).
The Circular clearly states the regulations on the application for the issuance of the Certificate in case the land area is increased due to the transfer, inheritance or donation of the land use right that has been granted the Certificate, and the application for submission in case the increased land area has not yet been granted a Certificate.
