Is it okay if the Certificate of Land Use Rights doesn't have a plot diagram?
1. How is the plot of land shown on the Certificate of Land Use Rights?
According to the provisions of Point c, Clause 1, Article 3 Circular No. 23/2014/TT-BTNMT Regarding the certificate form, the land plot diagram will be recorded on page 3 of the Certificate of Land Use Rights. At the same time, Clause 1, Article 12 of this Circular defines the land plot diagram on the Certificate of Land Use Rights as specifically shown as follows:
- The land plot diagram on the Certificate of Land Use Rights shows the following information:
+ Shape of land plot and length of land plot edges.
+ Land plot number or name of building adjacent to the land plot and direction North - South.
+ Directions and planning landmarks; boundary lines and corridor boundary markers protect the safety of works on the land plot.
+ In case the land plot is merged from many plots with different origins, different periods of use or there is a part of land for private use of one person and a part for common use of many people, the boundary between these different parts of land will be shown.
+ In case there is an apartment building with a common use area of the apartment owners in part of the land plot area, the boundaries of this common use area must be clearly shown on the Certificate of Land Use Rights.
Thus, the Certificate of Land Use Rights of the land plot is shown on page 3 of the Certificate of Land Use Rights, except in the case of land for construction works along lines and 01 common Certificate of Land Use Rights is issued for many plots of agricultural land.
2. Is it okay if the Certificate of Land Use Rights doesn't have a plot diagram?
Based on the provisions in Clause 1, Article 12 of Circular No. 23/2014/TT-BTNMT, the failure to show the land plot diagram on the land book may fall under the following cases: Land for construction of works along lines or 01 Certificate of Land Use Rights level. common to many agricultural land plots.
In this case, the law stipulates that it is not necessary to show the plot diagram on the Certificate of Land Use Rights, so people do not need to worry if their Certificate of Land Use Rights falls into this case.
However, in addition to the two cases mentioned above, there are also other reasons leading to the Certificate of Land Use Rights not showing the plot diagram, specifically as follows:
- Due to shortcomings of the competent authority: According to the above regulations, the Certificate of Land Use Rights must show a plot diagram of the land plot. The absence of a plot diagram may be due to the omission of the competent authority. In this case, the land user needs to contact the Land Registration Office Branch where the land is located to add information about the land plot diagram on the Certificate of Land Use Rights.
- Due to insufficient information about the land plot: Some certificates issued during the period from August 15, 2006 to December 10, 2009 did not fully record the information on the Certificate of Land Use Rights.
According to current law, in cases where the land user does not provide complete information as prescribed, the Certificate of Land Use Rights will still be issued, but it will only show the information on the cadastral map, while other information not provided is not shown.