Procedures for granting and changing Certificate Land Use Rights when editing cadastral maps
The land of Mr. Tran Van Dung (Binh Phuoc) was granted a Certificate Land Use Rights in 2003, at that time the road was not shown on the book. In 2008, the State recovered the land to pave the way and the 13m road was completed. Now, Mr. Dung's family wants to change the book, extract the measure again, on the quote, it shows that there is sugar. Mr. Dung asked if his family wanted to change the certificate and what was the procedure?
Regarding the procedure for granting and changing the Certificate Land Use Rights when correcting the cadastral map, the Ministry of Natural Resources and Environment replied to this issue as follows:
Because the information you provided is not enough to determine which survey documents are issued for you (in 2003) (cadastral maps or cadastral measurements or according to manual measurement documents) and whether the land plot of his house was changed in shape, area and size due to the opening of the road in 2008, so there is no basis for specific guidance on the registration of land changes. cited the relevant general regulations for his study as follows:
In Clause 1, Article 17 of Circular No. 25/2014/TT-BTNMT dated May 19, 2014 of the Ministry of Natural Resources and Environment, regulating cadastral maps, it has specified the cases in which cadastral maps must be adjusted (i.e. cadastral maps). documents used to issue the Certificate); when the land plot has changes (in terms of shape, area, size), the cadastral map must be adjusted according to this regulation, which leads to the need to issue and change the issued Certificate according to the adjusted information.
According to the provisions of Article 76 of the Government's Decree No. 43/2014/ND-CP dated May 15, 2014 detailing the implementation of a number of articles of the Land Law, which has amended and supplemented Point c at Clause 23, Article 3 of Decree No. 148/2020/ND-CP dated December 18, 2020 of the Government; Clause 1, Article 10 of Circular No. 24/2014/TT-BTNMT dated May 19, 2014 of the Ministry of Natural Resources and Environment, providing for cadastral records, the issuance and replacement of Certificates and certificates of house ownership , The certificate of ownership of the construction work has been granted in the following cases:
"a) The land user wishes to change the Certificate of House Ownership, Certificate of Ownership of Construction Works or other types of Certificate issued before December 10, 2009 to a Certificate of Ownership of a House. land use rights, ownership of houses and other land-attached assets;
b) The issued certificate, certificate of house ownership or certificate of ownership of construction works is stained, smudged, torn or damaged;
c) Due to the measurement and re-determination of the area and size of the land plot;
d) In case the land use right or ownership of land-attached assets is the common property of husband and wife and the issued Certificate only shows the full name of the wife or husband, now there is a request for issuance of a replacement Certificate. certificate to write both the wife's first and last name and the husband's last name".
When applying for a replacement of the Certificate, the land user shall submit 1 set of documents to the Land Registration Office, including:
An application for renewal of the Certificate, made according to Form No. 10/DK.
The original issued Certificate (copy of the mortgage contract of land use rights and land-attached assets in lieu of the original issued Certificate in the case of issuance and replacement of the Certificate after consolidating and exchanging plots, cadastral mapping that the issued Certificate is mortgaged at a credit institution).
I suggest you contact the local Land Registration Office Branch Dong Xoai, Binh Phuoc province for specific instructions.
By: Translator: LeAnh-Bizic
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