According to Law on Land 2024, which authority is responsible for organizing measurements, drafting, correcting, managing local cadastral maps, and updating the National Database on Land in Vietnam?
According to Law on Land 2024, which authority is responsible for organizing measurements, drafting, correcting, managing local cadastral maps, and updating the National Database on Land in Vietnam?
According to Article 50 of the Land Law 2024, the authority responsible for organizing measurements, drafting, correcting, managing local cadastral maps, and updating the information on the National Database on Land in Vietnam is specified as follows:
Measurement and making of cadastral maps
1. Cadastral maps are a basis for serving the state management of land and building the national land database. The surveying and creation of cadastral maps are performed in detail up to each parcel by the administrative unit at the commune level; where no commune-level administrative unit is established, it is done by the district-level administrative unit.
2. Cadastral maps must be corrected when there are changes in the shape, size, area of the parcel, and other factors related to the content of the cadastral map and simultaneously updated into the national land database.
3. The provincial People's Committee is responsible for organizing the surveying, creating, amending, managing cadastral maps locally, and updating them into the national land database.
4. The Government of Vietnam stipulates details regarding this Article.
According to Article 50 of the Land Law 2024, the agency responsible for organizing the surveying, creation, amending, managing cadastral maps locally, and updating them into the national land database is the provincial People's Committee.
According to Law on Land 2024, which authority is responsible for organizing measurements, drafting, correcting, managing local cadastral maps, and updating the National Database on Land in Vietnam? (Internet image)
What are grounds for correcting cadastral maps in Vietnam?
Article 6, Clause 2 of Decree 101/2024/ND-CP stipulates that cadastral maps are corrected based on the following grounds:
- Land use right certificates, house ownership certificates and homestead land use rights, house ownership certificates, construction work ownership certificates, land use right certificates, house ownership rights, and other assets attached to land use rights certificates, house and asset use rights certificates attached to land use rights (commonly referred to as certificates); decisions on land allocation, land lease, land use purpose change, recognition of auction results of land use rights, land recovery by competent state agencies; judgments or decisions of the People's Court, decisions on enforcement by enforcement agencies that have come into effect; results of land dispute resolution by competent authorities; administrative decisions of competent authorities related to parcels; decisions of competent authorities on administrative boundary changes, establishment of new administrative units where administrative boundary records have been established.
- Documents from land management agencies at different levels, commune-level People's Committees, when they detect errors in the cadastral map or reflect boundary changes of parcels due to natural erosion, subsidence.
- Documents on safety corridor boundary changes for works according to legal regulations.
- Documents or decisions of competent authorities containing contents leading to changes in the subdivision and changes in the order of cadastral map parcels.
- Inspection results of the Land Registration Office or its branches for cases where land users have documents reflecting discrepancies in parcel information.
How is the measurement and making of cadastral maps conducted in Vietnam from August 1, 2024?
Based on Article 4, Clause 2 of Decree 101/2024/ND-CP, the measurement and making of cadastral maps include:
(1) Surveying to create new cadastral maps for areas without cadastral maps associated with national reference frames and coordinate systems;
(2) Resurveying to recreate cadastral maps for areas with existing cadastral maps where the boundaries of 75% or more of the parcels have changed when consolidating or reallocating parcels;
Areas with only paper cadastral maps that are torn, damaged beyond repair, and cannot be digitized;
Areas with cadastral maps created by aerial photography methods, photogrammetric instruments with map scales smaller than the required survey map scales as prescribed;
Areas that have undergone land use planning to form administrative centers, urban areas, residential areas, economic zones, high-tech zones, industrial zones, export processing zones, and industrial clusters;
(3) Supplementary surveying for cadastral maps in areas with existing cadastral maps but where administrative units have not been fully surveyed, including areas delineated on previous cadastral maps but not surveyed in detail down to each parcel;
(4) Amending surveying for cadastral maps in areas with existing cadastral maps when there is a change in any factor related to the shape, size, area of the parcel, or other factors related to the content of the cadastral map;
(5) Digitizing and converting the coordinate system for cadastral maps in areas with only paper cadastral maps created in the reference frame and coordinate system HN-72 to be converted to digital cadastral maps in the national reference frame and coordinate system VN-2000 (hereinafter referred to as the VN-2000 system);
(6) Extracting cadastral maps to be done separately for individual parcels or multiple parcels within a cadastral map extract sheet according to the required establishment ratio in areas without cadastral maps.
LawNet