What are the details of 06 Activities of measurement and making of cadastral maps in Vietnam from August 1, 2024, according to Decree 101 on issuance of land use right certificates?
06 Activities of measurement and making of cadastral maps in Vietnam from August 1, 2024, according to Decree 101 on issuance of land use right certificates
Based on Clause 2, Article 4 of Decree 101/2024/ND-CP, the 06 activities of measurement and making of cadastral maps in Vietnam include:
(1) Conducting new cadastral surveys for areas without existing cadastral maps tied to the national reference system and coordinate system;
(2) Resurveying to update cadastral maps for areas with existing cadastral maps, but boundaries of 75% of parcels or more have changed due to land consolidation and exchange;
Areas with only paper cadastral maps that are torn, damaged beyond repair, and cannot be digitized;
Areas with cadastral maps created using aerial photography or optical-mechanical theodolite methods with a map scale smaller than required by regulations;
Areas that have implemented land use planning to form administrative centers, urban areas, residential areas, economic zones, high-tech zones, industrial zones, export processing zones, industrial clusters;
(3) Supplementary measurement and making of cadastral maps for areas with existing cadastral maps but not fully surveyed within the administrative unit's boundaries, including areas previously outlined on the cadastral map but not detailed per parcel;
(4) Adjusting cadastral maps for areas where there have been changes in one of the factors such as shape, size, area of the parcels, or other related content of the cadastral map;
(5) Digitizing and transforming the cadastral coordinate system for areas with only paper cadastral maps based on the HN-72 reference and coordinate system into digital cadastral maps based on the national reference system and coordinate system VN-2000 (hereinafter referred to as the VN-2000 system);
(6) Extracting cadastral map data, carried out separately for individual parcels or multiple parcels within an extract map frame at the required scale for areas without existing cadastral maps.
06 Activities of measurement and making of cadastral maps in Vietnam from August 1, 2024, according to Decree 101 on issuance of land use right certificates (Internet image)
What are the main contents of a cadastral map in Vietnam?
Based on Clause 1, Article 4 of Decree 101/2024/ND-CP, the main contents of a cadastral map in Vietnam include:
- Parcels of land: Parcel boundaries, land type, parcel number, parcel area;
- Other elements related to the cadastral map content include:
+ Map frame;
+ Control points for coordinates and elevations;
+ Administrative boundary markers and lines at various levels;
+ Land-occupying objects not forming parcels;
+ Houses and other structures;
+ Landmarks and high-orientation structures;
+ Planning boundary markers;
+ Protective corridor markers for safety zones of structures, as regulated by law, with explanatory notes;
+ Landform or elevation notes (if any).
How is measurement and making of cadastral maps regulated?
Based on Article 5 of Decree 101/2024/ND-CP, the process of measurement and making of cadastral maps is regulated as follows:
For measurement and making of cadastral maps activities requiring the preparation of technical design and cost estimates, as well as task plans, the procedure is as follows:
(1) Reviewing and identifying areas requiring measurement and making of cadastral maps:
Provincial land management agencies organize the review of measurement and making of cadastral maps products within their locality, determine, and compile the needs for measurement and making of cadastral maps to report to the provincial People's Committee for decisions on areas and scopes requiring measurement and making of cadastral maps.
For areas requiring extract measurement and making of cadastral maps, the land management agency approves and allows concurrent implementation with the appraisal of task plans proposed by the project owner, as specified in (3).
(2) Surveying and preparing technical design, cost estimates, and task plans:
The assigned agency or unit, or the unit designated as the project owner (hereinafter referred to as the project owner), is responsible for organizing surveys of the measurement and making of cadastral maps area, preparing, and submitting for approval the technical design, cost estimates, and task plans. The project owner may select consulting units for preparing the technical design, cost estimates, and task plans as per legal regulations.
(3) Appraising the technical design, cost estimates, and task plans:
The provincial land management agency is responsible for appraising the technical design content in the technical design, cost estimates, and task plans. The agency appraising the cost estimates in the technical design, cost estimates, and task plans shall follow the regulations on state budget management.
(4) Approving the technical design, cost estimates, task plans, and allocating funds:
The competent authority is responsible for approving the technical design, cost estimates, task plans, and allocating funds according to regulations on budget management.
(5) Implementing the approved technical design, cost estimates, and task plans, including:
- Selecting the implementing unit. The project owner may select the consulting unit for construction, supervision, and inspection to carry out the technical design, cost estimates, and task plans;
- Developing the implementation plan;
- Disseminating and communicating the implementation plan;
- Establishing a cadastral grid and control network (if any);
- Collecting information and data on parcels, land users, and land managers;
- Determining parcel boundaries and preparing parcel boundary and landmark descriptions;
- Surveying parcel boundaries and related geographic features;
- Compiling the cadastral map; preparing parcel status measurement results; publicly disclosing the cadastral map;
- Preparing land inventory records;
- Signing and approving products;
- Submitting the products.
LawNet