Circular No. 02/2023/TT-BTNMT amends and supplements certain Articles of Circular No. 23/2014/TT-BTNMT dated May 19, 2014, issued by the Minister of Natural Resources and Environment regarding Land Use Right Certificate, Ownership Certificate of Housing and Other Assets Attached to Land, and amends and supplements certain Articles of Circular No. 24/2014/TT-BTNMT dated May 19, 2014, issued by the Minister of Natural Resources and Environment regarding Cadastre Records.

CIRCULAR

Amending and supplementing some articles of Circular No. 23/2014/TT-BTNMT dated May 19, 2014, issued by the Minister of Natural Resources and Environment stipulating the Land Use Right Certificate, House Ownership Right Certificate, and other property rights attached to land, and amending and supplementing certain provisions of Circular No. 24/2014/TT-BTNMT dated May 19, 2014, issued by the Minister of Natural Resources and Environment stipulating the land records

The Government issues this Decree on management and development of industrial clusters.

Decree No. 68/2022/ND-CP September 22, 2022 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Decree No. 10/2023/NĐ-CP dated April 3, 2023, issued by the Government amending and supplementing several decrees guiding the implementation of the Land Law;

At the proposal of the Director of the Land Registration and Land Information Data Department and the Head of the Legal Department,

the Minister of Natural Resources and Environment issues this Circular amending and supplementing certain provisions of Circular No. 23/2014/TT-BTNMT dated May 19, 2014, issued by the Minister of Natural Resources and Environment stipulating the Land Use Right Certificate, House Ownership Right Certificate, and other property rights attached to land, and amending and supplementing certain provisions of Circular No. 24/2014/TT-BTNMT dated May 19, 2014, issued by the Minister of Natural Resources and Environment stipulating the land records.

Article 1. Amending and supplementing certain provisions of Circular No. 23/2014/TT-BTNMT dated May 19, 2014 stipulating the Land Use Right Certificate, House Ownership Right Certificate, and other property rights attached to land

1. Amending and supplementing Clause 14 as follows:

"Clause 14. The signing part of the Certificate and recording the number in the issuance book of the Certificate

1. The content of the signing part of the Certificate shall be as follows:

a) Recording the name of the place issuing the Certificate and the date of signing the Certificate;

b) In case the issuing authority is the People's Committee at provincial or district level, it shall be recorded as follows:

In case the authority operates under a collective system, it shall be recorded as:

TM. PEOPLE'S COMMITTEE... (record the name of the competent administrative unit issuing the Certificate)

CHAIRMAN

Signature and stamp of the People's Committee and the name of the person signing;

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TM. PEOPLE'S COMMITTEE... (record the name of the competent administrative unit issuing the Certificate)

DEPUTY CHAIRMAN

DEPUTY CHAIRMAN

Signature and stamp of the People's Committee and the name of the person signing;

In case the authority operates under a chief system, it shall be recorded as:

PEOPLE'S COMMITTEE... (record the name of the competent administrative unit issuing the Certificate)

CHAIRMAN

Signature and stamp of the People's Committee and the name of the person signing;

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PEOPLE'S COMMITTEE... (record the name of the competent administrative unit issuing the Certificate)

DEPUTY CHAIRMAN

DEPUTY CHAIRMAN

Signature and stamp of the People's Committee and the name of the person signing;

c) In case the Department of Natural Resources and Environment is authorized by the provincial People's Committee to sign and issue the Certificate, it shall be recorded as follows:

TM. PEOPLE'S COMMITTEE... (record the name of the provincial administrative unit)

DEPUTY CHAIRMAN

DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT

Signature and stamp of the Department of Natural Resources and Environment and the name of the person signing;

d) In case the Department of Natural Resources and Environment signs and issues the Certificate within its competence, it shall be recorded as follows:

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT... (record the name of the provincial administrative unit)

DIRECTOR

Signature and stamp of the Department of Natural Resources and Environment and the name of the person signing.

In case the Deputy Director of the Department signs the Certificate, it shall be recorded as follows:

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT... (record the name of the provincial administrative unit)

KT. DIRECTOR

DEPUTY DIRECTOR

Signature and stamp of the Department of Natural Resources and Environment and the name of the person signing;

đ) In case the Land Registration Office signs and issues the Certificate within its competence, it shall be recorded as follows:

LAND REGISTRATION OFFICE... (record the name of the Land Registration Office)

DIRECTOR

Signature and stamp of the Land Registration Office and the name of the person signing.

In case the Deputy Director of the Land Registration Office signs the Certificate, it shall be recorded as follows:

LAND REGISTRATION OFFICE... (record the name of the Land Registration Office)

KT. DIRECTOR

DEPUTY DIRECTOR

Signature and stamp of the Land Registration Office and the name of the person signing;

e) In case the Branch of the Land Registration Office signs and issues the Certificate within its competence, it shall be recorded as follows:

BRANCH OF THE LAND REGISTRATION OFFICE... (record the name of the Branch of the Land Registration Office)

DIRECTOR

Signature and stamp of the Branch of the Land Registration Office and the name of the person signing.

In case the Deputy Director of the Branch of the Land Registration Office signs the Certificate, it shall be recorded as follows:

BRANCH OF THE LAND REGISTRATION OFFICE... (record the name of the Branch of the Land Registration Office)

KT. DIRECTOR

DEPUTY DIRECTOR

Signature and stamp of the Branch of the Land Registration Office and the name of the person signing.

2. The number recorded in the issuance book of the Certificate shall be recorded in both letters and numbers (the serial number in the issuance book of the Certificate) according to the following regulations:

a) For Certificates issued by the People's Committee at district level, record the letter "CH", followed by the serial number in the issuance book of the Certificate, consisting of 5 digits, and continue with the serial number of the Certificate already issued according to Circular No. 17/2009/TT-BTNMT dated October 21, 2009, issued by the Minister of Natural Resources and Environment stipulating the Land Use Right Certificate, House Ownership Right Certificate, and other property rights attached to land (hereinafter referred to as Circular No. 17/2009/TT-BTNMT);

b) For Certificates issued by the People's Committee at provincial level or the Department of Natural Resources and Environment, record the letter "CT", followed by the serial number in the issuance book of the Certificate consisting of 5 digits established according to each provincial administrative unit and continue with the serial number of the Certificate already issued according to Circular No. 17/2009/TT-BTNMT; in case the Land Registration Office issues the Certificate according to point a, Clause 1, Article 37 of Decree No. 43/2014/NĐ-CP (amended and supplemented at Clause 5, Article 1 of Decree No. 10/2023/NĐ-CP), record the letter "CT", followed by the serial number in the issuance book of the Certificate consisting of 5 digits established according to each provincial administrative unit and continue with the serial number system in the issuance book of the Certificate stipulated in this point.

c) For Certificates issued by the Land Registration Office according to point b, Clause 1, Article 37 of Decree No. 43/2014/NĐ-CP (amended and supplemented at Clause 5, Article 1 of Decree No. 10/2023/NĐ-CP), record the letter "VP", followed by the serial number in the issuance book of the Certificate consisting of 5 digits established according to each commune-level administrative unit and continue with the serial number system in the issuance book of the Certificate for cases issued by the People's Committee at district level stipulated in point a, Clause 1 of this provision;

d) For Certificates issued by the Branch of the Land Registration Office according to point b, Clause 1, Article 37 of Decree No. 43/2014/NĐ-CP (amended and supplemented at Clause 5, Article 1 of Decree No. 10/2023/NĐ-CP), record the letter "CN", followed by the serial number in the issuance book of the Certificate consisting of 5 digits established according to each commune-level administrative unit and continue with the serial number system in the issuance book of the Certificate for cases issued by the People's Committee at district level stipulated in point a, Clause 1 of this provision."

2. Amending and supplementing Clause 3, Article 17 as follows:

"3. Issuing the Certificate for the cases stipulated in points a, b, e, g, h, l, m, and r, Clause 1, and points a, c, d, đ, e, g, h, and i, Clause 2 of this Article shall be carried out according to Article 37 of Decree No. 43/2014/NĐ-CP (amended and supplemented at Clause 5, Article 1 of Decree No. 10/2023/NĐ-CP).

In the case provided for in point n Clause 1 and point b Clause 2 of this Article, the natural resources and environment authority shall be responsible for implementing the procedures prescribed in Clause 2 of Article 69 of Decree No. 43/2014/NĐ-CP, then transfer the file to the agency prescribed in Article 37 of Decree No. 43/2014/NĐ-CP (amended and supplemented at Clause 5, Article 1 of Decree No. 10/2023/NĐ-CP) to carry out the issuance of the Certificate of Right to Use Land.

3. Amend and supplement Article 19 as follows:

"Article 19. The agency responsible for confirming changes on the issued Certificate of Right to Use Land

1. The agency responsible for confirming changes on the issued Certificate of Right to Use Land according to the following provisions:

a) In the case of changes prescribed in Clause 1 of this Circular and not falling under the case prescribed in point b of this clause, the agency prescribed in Clause 1 of Article 37 of Decree No. 43/2014/NĐ-CP (amended and supplemented at Clause 5, Article 1 of Decree No. 10/2023/NĐ-CP) shall implement.

For localities that have not established a Land Registration Office as prescribed in points a and b of Clause 1 of Article 5 of Decree No. 43/2014/NĐ-CP (amended and supplemented in Clause 4 of Article 2 of Decree No. 01/2017/NĐ-CP), the Land Use Right Registration Office established in accordance with the Law on Land 2003 shall continue to confirm changes on the issued Certificate of Right to Use Land in accordance with its assigned functions and tasks.

b) In the case of correcting erroneous contents on the issued Certificate of Right to Use Land by the competent authority issuing the Certificate of Right to Use Land as prescribed in Article 105 of the Law on Land and Article 37 of Decree No. 43/2014/NĐ-CP (amended and supplemented at Clause 5, Article 1 of Decree No. 10/2023/NĐ-CP) shall implement. In the case of certifying additional ownership rights over attached assets on the issued Certificate of Right to Use Land by the competent authority issuing the Certificate of Right to Use Land as prescribed in Article 37 of Decree No. 43/2014/NĐ-CP (amended and supplemented at Clause 5, Article 1 of Decree No. 10/2023/NĐ-CP) shall implement.

2. The agency prescribed in Clause 1 of this Article shall record the date; sign, stamp, and write the name and position of the signer in the column "Confirmation by the Competent Authority."

Article 2. Amend and supplement Article 9a of Circular No. 24/2014/TT-BTNMT dated May 19, 2014 regarding land records

"Article 9a. Issuance of the Certificate of Right to Use Land, Ownership of Housing and Other Attached Assets for additional land area compared to the land use right documents for households and individuals currently using the land

1. The issuance of the Certificate of Right to Use Land applies to the entire area of the plot currently being used (including the original plot area and the additional land area).

2. Documents for the issuance of the Certificate of Right to Use Land in cases where the additional land area results from the transfer, inheritance, or gift of land use rights already certified:

a) In the case of the original plot having been issued a Certificate of Right to Use Land:

- Application for reissuance or replacement of the Certificate of Right to Use Land, Ownership of Housing and Other Attached Assets according to Model No. 10/ĐK for the entire area of the plot currently being used;

- Original Certificate of Right to Use Land of the original plot; 

- Original Certificate of Right to Use Land and contract, document on the transfer, inheritance, or gift of land use rights of the additional land area. In the case of receiving the transfer, inheritance, or gift of part of the additional land area as prescribed in Clause 2 of Article 82 of Decree No. 43/2014/NĐ-CP, submit the original Certificate of Right to Use Land of the party transferring the land use rights or the contract, document on the transfer, inheritance, or gift of land use rights of the additional land area.

b) In the case of the original plot not having been issued a Certificate of Right to Use Land:

- Application for registration and issuance of the Certificate of Right to Use Land, Ownership of Housing and Other Attached Assets according to Model No. 04a/ĐK for the entire area of the plot currently being used;

- One of the types of documents prescribed in Article 100 of the Law on Land, Article 18 of Decree No. 43/2014/NĐ-CP and Clause 16 of Article 2 of Decree No. 01/2017/NĐ-CP of the original plot;

- One of the documents prescribed in Articles 31, 32, 33, and 34 of Decree No. 43/2014/NĐ-CP for the case of registering ownership of attached assets.

In the case of registering ownership of housing or construction works, there must be a plan of the housing or construction work, except when the document on ownership of housing or construction work already has a plan consistent with the current status of the housing or construction work; 

- Proof of financial obligations; documents related to exemption or reduction of financial obligations concerning land and attached assets (if any);

- In the case of registering limited use rights for adjacent plots, there must be a contract or agreement or court decision on establishing limited use rights for adjacent plots, accompanied by a diagram showing the location and size of the area of the plot that the user of the adjacent plot is entitled to limited use rights;

- Original Certificate of Right to Use Land and contract, document on the transfer, inheritance, or gift of land use rights of the additional land area. In the case of receiving the transfer, inheritance, or gift of part of the additional land area as prescribed in Clause 2 of Article 82 of Decree No. 43/2014/NĐ-CP, submit the original Certificate of Right to Use Land of the party transferring the land use rights or the contract, document on the transfer, inheritance, or gift of land use rights of the additional land area.

3. Documents submitted in cases where the additional land area has not been issued a Certificate of Right to Use Land:

a) In the case of the additional land area resulting from the transfer, inheritance, or gift of land use rights before July 1, 2014, and the additional land area has a land use right document prescribed in Article 100 of the Law on Land, Article 18 of Decree No. 43/2014/NĐ-CP and Clause 16 of Article 2 of Decree No. 01/2017/NĐ-CP:

- Application for registration and issuance of the Certificate of Right to Use Land, Ownership of Housing and Other Attached Assets according to Model No. 04a/ĐK for the entire area of the plot currently being used;

- Original Certificate of Right to Use Land of the original plot or the document prescribed in Article 100 of the Law on Land, Article 18 of Decree No. 43/2014/NĐ-CP and Clause 16 of Article 2 of Decree No. 01/2017/NĐ-CP of the original plot in the case where the original plot has not been issued a Certificate of Right to Use Land;

- One of the types of documents prescribed in Article 100 of the Law on Land, Article 18 of Decree No. 43/2014/NĐ-CP and Clause 16 of Article 2 of Decree No. 01/2017/NĐ-CP of the additional land area;

- One of the documents prescribed in Articles 31, 32, 33, and 34 of Decree No. 43/2014/NĐ-CP for the case of registering ownership of attached assets.

In the case of registering ownership of housing or construction works, there must be a plan of the housing or construction work, except when the document on ownership of housing or construction work already has a plan consistent with the current status of the housing or construction work; 

- Proof of financial obligations; documents related to exemption or reduction of financial obligations concerning land and attached assets (if any);

- In the case of registering limited use rights for adjacent plots, there must be a contract or agreement or court decision on establishing limited use rights for adjacent plots, accompanied by a diagram showing the location and size of the area of the plot that the user of the adjacent plot is entitled to limited use rights;

b) In the case of the additional land area without a land use right document prescribed in Article 100 of the Law on Land, Article 18 of Decree No. 43/2014/NĐ-CP and Clause 16 of Article 2 of Decree No. 01/2017/NĐ-CP:

- Application for registration and issuance of the Certificate of Right to Use Land, Ownership of Housing and Other Attached Assets according to Model No. 04a/ĐK for the entire area of the plot currently being used;

- Original Certificate of Right to Use Land of the original plot or the documents prescribed in Article 100 of the Law on Land, Article 18 of Decree No. 43/2014/NĐ-CP and Clause 16 of Article 2 of Decree No. 01/2017/NĐ-CP of the original plot in the case where the original plot has not been issued a Certificate of Right to Use Land;

- One of the documents prescribed in Articles 31, 32, 33, and 34 of Decree No. 43/2014/NĐ-CP for the case of registering ownership of attached assets.

In the case of registering ownership of housing or construction works, there must be a plan of the housing or construction work, except when the document on ownership of housing or construction work already has a plan consistent with the current status of the housing or construction work; 

- Proof of financial obligations; documents related to exemption or reduction of financial obligations concerning land and attached assets (if any);

- In the case of registering a restricted right of use for adjacent land plots, there must be a contract, agreement, or court decision regarding the establishment of a restricted right of use for the adjacent land plot, accompanied by a diagram showing the location and size of the area of the land plot that the user of the adjacent land plot has the restricted right to use.

4. Where the original land plot and the additional land area already have a Certificate of Land Use Right, the authority specified in Article 37 of Decree No. 249/2025/NĐ-CP shall issue the Certificate of Land Use Right. 43/2014/NĐ-CP (amended and supplemented at Clause 5, Article 1 of Decree No. 10/2023/NĐ-CP) shall issue the Certificate of Land Use Right.

Where the original land plot or the additional land area or the entire area of the original land plot and the additional land area have not yet been issued a Certificate of Land Use Right, the Branch of the Land Registration Office or the Land Registration Office shall prepare the file for the Department of Natural Resources and Environment to submit to the People's Committee at the district level for issuance of the Certificate of Land Use Right."

Article 3. Implementation Provisions

1. This Circular takes effect from May 20, 2023.

2. Replace the phrase "Land Management General Department" with "Land Registration and Land Data Information Department" in Article 4 and Clause 1 of Article 25 of Circular No. 23/2014/TT-BTNMT dated May 19, 2014, concerning the Certificate of Land Use Right, Ownership of Housing and Other Assets Attached to Land.

3. This Circular abolishes the following provisions:

a) Repeal Clause 1 of Article 18 of Circular No. 02/2015/TT-BTNMT dated January 27, 2015, detailing certain provisions of Decree No. 43/2014/NĐ-CP and Decree No. 44/2014/NĐ-CP dated May 15, 2014 of the Government;

b) Repeal Clauses 13 and 15 of Article 6, and Clause 7 of Article 7 of Circular No. 33/2017/TT-BTNMT dated September 29, 2017, detailing the Decree No. 01/2017/NĐ-CP dated January 6, 2017 of the Government amending and supplementing some decrees detailing the implementation of the Land Law and amending and supplementing some articles of circulars guiding the implementation of the Land Law.

Article 4. Responsibilities for Implementation

1. The Land Registration and Land Data Information Department shall be responsible for inspecting and urging the implementation of this Circular.

2. Provincial People's Committees, municipalities directly under the Central Government, and related organizations and individuals are responsible for implementing this Circular.

3. The Department of Natural Resources and Environment shall assist the People's Committees of provinces and centrally governed cities in organizing the implementation of this Circular at the local level. During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals shall report to the Ministry of Natural Resources and Environment for consideration and resolution.

During the process of implementation, if there are difficulties or obstacles, agencies, organizations, and individuals should report to the Ministry of Natural Resources and Environment for consideration and resolution./.