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Chapter Law Content

Chapter I: General Principles
Article 1
This Regulation is enacted according to Paragraph 2 of Article 37 of the Land Act.
Article 2
The term “land registration” referred to in this Regulation shall denote the registration of the ownership of, and other rights over, land and constructional improvements (hereinafter referred to as “improvements”) thereon.
Article 3
Land registration procedures shall be the responsibility of the municipal or county (city) land office governing the land being registered. However, in the case of the registration of a piece of land, whereby the location of which is governed by the branch land registration office established by the municipal or county (city) land office, if any, the said branch land registration office shall bear responsibility.
The land registration of an improvement whose dimensions cover the jurisdictions of two or more land registration agencies shall ultimately be the responsibility of the agency with jurisdiction over the address of said improvement.
The land registration may be administered at a branch registration office of the municipal or county (city) land office if such branch registration office has been established by a municipal or county (city) land office within its competent jurisdiction, and cross-agency registration is available for the items to be registered.
The items to be registered of land registration at a cross-municipal or the county (city) government level which are announced and implemented by the Central Land Administration may be registered by any land registration office in the country.
Article 4
The acquisition, creation, transfer, change, or nullification of the following land rights, shall be duly registered:
(1) Ownership;
(2) Superficies;
(3) Permanent lease established prior to August 3, 2010;
(4) Real estate easement;
(5) Dian;
(6) Mortgage;
(7) Cultivation;
(8) Agricultural exploitation;
(9) Right in Rem created by custom.
Any land right with a name different from any of those rights listed in Subparagraph (1) to (8) in the previous paragraph and the nature of the name being equivalent or similar to any one of the first eight subparagraphs in the previous paragraph, may be registered as the same right with added remark of the original name provided the Central Land Administration approves the equivalence or similarity of said name.
Article 5
Land registration may be processed via computer. Rules governing its operational procedures shall be formulated by the Central Land Administration.
The procedures and the format of registration forms, lists, registers, records, certificates and /or maps for electronic registration, if required, may be separately defined in the rules governing the system.
Article 6
The registration of any land right shall be deemed as duly completed after the said right has been entered into the official record, examined, and affixed with the seal(s) of the responsible registrar(s) pursuant to the due process provided by the Regulation.
The land registration, if processed by computer, shall be deemed as duly completed after the said right has been entered into the computer system and examined, and the concerning update(s) has been made to the main cadastral file(s).
Article 7
The registration agency shall not cancel any land right that has been duly registered according to the Regulation without a valid court decree for cancellation, unless otherwise provided by the Regulation.
Article 8
The term “principal registration” shall mean the registration of any land rights, which independently exists on the registration record. The term “accessory registration” shall mean any registration that attaches to a principal registration.
The order of principal registration is based on the order in which the registrations have been made. The order of accessory registration is based on the order of principal registration. But the order of accessory registrations attached to the same principal registration is based on the order in which the registrations have been made.
Article 9
The order of the rights created against the same land shall be determined as the order of registration, unless otherwise provided by the laws. The order of such rights shall remain unchanged if an application for the registration is filed within the period of the general registration of land.
Article 10
If there has already been an improvement on a tract of land, the registration of the title of such improvement may be registered after the completion of the general registration of land ownership.
Article 11
The registration of other rights over, or restriction on, the land, of which ownership is unregistered, shall not be made, unless the laws or the Regulation has a provision to the contrary.
Article 12
If the documents of evidence citing reasons for registration carry, according to law, with the same validity as judicial decision, the provisions of Subparagraph 4 of Article 27, Subparagraph 1 of Article 30, Subparagraph 3 of Article 35, Article 100, Paragraph 5 of Article 119, Subparagraph 2 of Paragraph 1 and Paragraph 2 of Article 141 shall, mutatis mutandis, apply.
Article 13
The term “error in registration” referred to in Paragraph 1 of Article 68 and Article 69 of the Land Act, shall mean the registered matters showing discrepancies with the content indicated within the documents of evidence citing reasons for registration. The term “omission in registration” shall signify matters which should have been registered but were not registered.