NEW REGULATIONS FROM 01/09/2021 IN THE FIELD OF LAND MANAGEMENT, REGISTRATION AND USE
Circular No. 09/2021/TT-BTNMT amending and supplementing a number of articles of the circular detailing and guiding the implementation of the Land Law issued by the Ministry of Natural Resources and Environment on June 30, 2021, effective from September 1, 2021 with new regulations on land use purpose transfer, certificate of land use rights, ownership of houses and other properties attached to land (GCNQSDD) as follows:
1. Applying for registration of ID card/Household registration book
Clause 11.5 of Circular No. 09/2021/TT-BTNMT stipulates:
"5. In case of submitting dossiers for registration of land or assets attached to land or issuing certificates that require components to be copies of people's IDs or military IDs or id cards or household registration books or other identification documents, the receiving agencies shall use data. from the national database on population without requiring the applicant to submit these documents to prove identity in case the national data on population is shared and connected to the data of sectors and sectors (including the land sector)".
Thus, when national data on population is shared and connected to data of sectors and sectors (including land sectors), the procedures for requesting the issuance of red books do not require a copy of ID card/Household registration book.
2. Supplementing the Red Book Registration Form (used for consolidation and change of plots)
When submitting the application for conversion of agricultural land use rights of households and individuals for the purpose of "consolidation and exchange of plots", they shall be submitted together to households and individuals converting agricultural land:
- Current: Using Form No. 10/DK - Application for re-grant or replacement of certificates of land use rights, ownership of houses and other land-attached assets issued together with Circular 24/2014 /TT-BTNMT.
- From September, 2021: Use Form No. 04đ/DK - Application for registration and issuance of certificates of land use rights, ownership of houses and other land-attached assets (separate form for use in cases of land use rights consolidation, change of plots) issued together with Circular 09/2021/TT-BTNMT.
3. Additional cases of being granted a new Red Book upon registration of changes
According to Clauses 2 and 3, Article 1 of Circular 09/2021, additional cases of registration of changes to be granted LURCs include:
- The land plot is separated to issue a separate red book in case the red book has been issued jointly for many plots.
- Change of residential land area in a land parcel with gardens and ponds attached to houses due to re-determination of residential land areas according to regulations.
4. Amendment of regulations on certification of changes to the issued Red book
- Replace the word "donate" with the word "donate" for cases used to build roads, irrigation or public works and at the same time guide how to write in 4 cases:
+ Give a part.
+ Give to all.
+ Donating a part of one or several land plots, donating a land plot or a number of land plots on the red book which has been jointly granted to many land plots.
+ Donate all the land plots on the red book, common to many land plots
(Currently, Clause 16, Article 18 of Circular 23/2014/TT-BTNMT only instructs how to write 1 as a general donation without dividing the cases).
- Adding the recording method for the case in which the red book has been issued jointly for many land plots, and the land parcel is separated to issue a separate LURC: On the issued LURC, write "Land plot... (write plot number, sheet number) map) area...m² separated for separate issuance of Certificate; according to application number... (code of registration application dossier)".
For detailed advice and timely support, please contact:
Gattaca Law Firm
Address: 32 Nguyen Dinh Hoan, Nghia Do, Cau Giay, Ha Noi
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