Decree No. 101/2024/ND-CP stipulating basic land surveys; registration, issuance of certificates of land use rights, ownership of assets attached to the land, and land information systems.
Has there been Decree 101/2024/ND-CP regulating basic land investigations; registration, issuance of land use right certificates, ownership of assets attached to land, and land information systems?
On July 29, 2024, the Government of Vietnam promulgated Decree 101/2024/ND-CP regulating basic land investigations; registration, issuance of land use right certificates, ownership of assets attached to land, and land information systems.
Decree 101/2024/ND-CP takes effect from August 1, 2024, and the following Decrees are repealed:
- Decree 43/2014/ND-CP dated May 15, 2014, of the Government of Vietnam detailing the implementation of some articles of the Land Law;- Decree 01/2017/ND-CP dated January 6, 2017, of the Government of Vietnam amending and supplementing a number of decrees detailing the implementation of the Land Law;- Decree 148/2020/ND-CP dated December 18, 2020, of the Government of Vietnam amending and supplementing a number of decrees detailing the implementation of the Land Law;- Decree 10/2023/ND-CP dated April 3, 2023, of the Government of Vietnam amending and supplementing a number of decrees detailing the implementation of the Land Law.
Additionally, certain articles and clauses of the following Decrees are annulled:
- Clauses 1 and 2, Article 1 of Decree 136/2018/ND-CP dated October 5, 2018, of the Government of Vietnam amending some articles of decrees related to investment and business conditions in the field of natural resources and environment;- Article 11 of Decree 104/2022/ND-CP dated December 21, 2022, of the Government of Vietnam amending and supplementing some articles of decrees related to the submission and presentation of household registration books, temporary residence books when carrying out administrative procedures or providing public services.
Has there been Decree 101/2024/ND-CP regulating basic land investigations; registration, issuance of land use right certificates, ownership of assets attached to land, and land information systems? (Image from the Internet)
What does cadastral map surveying activities include?
According to Clause 2, Article 4 of Decree 101/2024/ND-CP, cadastral map surveying activities include:
- Surveying and creating new cadastral maps for areas that do not have cadastral maps attached to the national reference and coordinate systems.- Surveying and recreating cadastral maps for areas that have cadastral maps but have changed boundaries of 75% or more of the parcels during consolidation, exchange; areas with only damaged or unusable paper cadastral maps that cannot be digitized; areas with cadastral maps created by aerial photography, mechanical table surveying methods with map scales smaller than required regulations; areas with land use planning implemented to form administrative centers, urban areas, residential areas, economic zones, high-tech zones, industrial zones, export-processing zones, and industrial clusters.- Supplementary surveys of cadastral maps for areas that have cadastral maps but are not fully surveyed within the administrative unit’s scope, including areas previously only approximately outlined on cadastral map sheets but not detailed to each parcel.- Surveying and correcting cadastral maps for areas that have cadastral maps when there is a change in one of the elements of the parcel shape, size, area, or other factors related to the content of the cadastral map.- Digitizing and transforming the coordinate systems of cadastral maps in areas with only paper cadastral maps created in the HN-72 reference and coordinate systems now converted into digital cadastral maps in the national reference and coordinate systems VN-2000 (hereinafter referred to as VN-2000 system).- Extracting cadastral maps performed separately for individual parcels or multiple parcels within the scope of a cadastral map sheet according to the required scale for areas without cadastral maps.
On what basis is the cadastral map corrected?
According to Article 6 of Decree 101/2024/ND-CP regulating cadastral map correction:
Cadastral Map Correction
The cadastral map is corrected when parcels and other elements related to the content of the cadastral map as stipulated in Clause 1, Article 4 of this Decree change.
The cadastral map is corrected based on one of the following bases:
a) Land use rights certificates, house ownership and homestead land use rights certificates, house ownership certificates, construction works ownership certificates, land use rights, house ownership, and other assets attached to land certificates, land use rights certificates, and asset ownership certificates attached to land (collectively referred to as Certificates); decisions on land allocation, land lease, land use purpose change, land auction result recognition, land recovery by competent State agencies; decisions or judgments of the People’s Court, enforcement decisions of enforcement agencies that have taken effect; results of land dispute resolution by competent authorities; administrative decisions of competent authorities related to parcels; decisions of competent authorities on changes in administrative boundaries, the formation of new administrative units with established administrative boundary dossiers;
…
Thus, the cadastral map is corrected based on one of the following bases:
- Land use rights certificates, house ownership and homestead land use rights certificates, house ownership certificates, construction works ownership certificates, land use rights, house ownership, and other assets attached to land certificates, land use rights certificates, and asset ownership certificates attached to land.- Decisions on land allocation, land lease, land use purpose change, land auction result recognition, land recovery by competent State agencies.- Decisions or judgments of the People’s Court, enforcement decisions of enforcement agencies that have taken effect.- Results of land dispute resolution by competent authorities.- Administrative decisions of competent authorities related to parcels; decisions of competent authorities on changes in administrative boundaries, the formation of new administrative units with established administrative boundary dossiers.- Documents from the competent land management agencies at all levels, Commune People’s Committees upon discovering errors in the cadastral map or reflecting changes in parcel boundaries due to natural erosion, subsidence.- Documents on the change of protection corridor boundaries of works as prescribed by law.- Decisions or documents of competent authorities leading to changes in the subdivision and numbering of cadastral map sheets.- Results of inspections by the Land Registration Office or its branches in case land users have documents reflecting discrepancies in parcel information.
