Point c, Clause 1, Article 3 of Circular No. 23/2014/TT-BTNMT on the form of the certificate, accordingly, the land plot diagram will be recorded on page 3 of the red book. At the same time, Clause 1, Article 12 of this Circular stipulates that the land plot diagram on the red book is specifically shown as follows:
- The land plot diagram on the red book shows the following information:
+ Land plot shape and length of land plot edges.
+ Land plot number or name of construction adjacent to the land plot and North - South direction.
+ Boundaries and landmarks of planning; boundaries and landmarks of safety corridors for construction works on the land plot.
+ In case a land plot is merged from many plots with different origins and usage periods, or has a part of land used by one person privately and a part used by many people in common, the boundary between these different parts of land will be shown.
+ In case of an apartment building, the common use area of the apartment owners belongs to a part of the land plot area, then clearly show the boundary of this common use area on the red book.
- Cases where the land plot diagram is not shown on the land book:
+ Land for construction of works along the route such as: traffic roads, water pipes,... of BOT construction investment organizations.
+ Issue 01 common Red Book for many agricultural land plots.
Thus, the land plot's red book is shown on page 3 of the red book, except for the case of land for construction along the route and a common red book is issued for many agricultural plots.
A red book without a land plot diagram does not affect the land user's right to use the land, and will not be revoked according to regulations.
According to the provisions of Clause 1, Article 12 of Circular No. 23/2014/TT-BTNMT, the failure to show the plot diagram on the land book may be in the following cases: Land for construction along the line or issuing 1 red book for many agricultural plots. In this case, the law stipulates that it is not necessary to show the plot diagram on the red book, so people do not need to worry when their red book is in this case.
However, in addition to the above 2 cases, there are other reasons why the red book does not show the land plot diagram, specifically as follows:
- Due to the shortcomings of the competent authority: According to the above regulations, the Red Book must show the land plot diagram, the absence of a land plot diagram may be due to the shortcomings of the competent authority. In this case, the land user needs to contact the Branch of the Land Registration Office where the land is located to supplement information about the land plot diagram on the Red Book.
- Due to insufficient information about the land plot: Some certificates issued between August 15, 2006 and December 10, 2009 do not fully record the information on the red book.
According to current law, in cases where land users do not provide complete information as prescribed, red books will still be issued, but only information on the cadastral map will be shown, and other information that is not provided will not be shown.
- For red books issued before December 1, 2004: For red books issued before this time, the issued red book form is not required to show information about the size and diagram of the land plot. Therefore, there are new land books issued before this time that do not have a diagram of the land plot.
Thus, a red book without a plot diagram does not affect the land user's right to use the land, and is not revoked according to regulations. In addition, the land user can also check the red book by performing the procedure of verifying the red book at the place of issuance according to the law.
BAO HUNG
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