Current regulations on the uses of cadastral maps in Vietnam

Current regulations on the uses of cadastral maps in Vietnam​ (Image from the internet)

What is a cadastral map?

According to Clause 1, Article 3 of the Land Law 2024, the concept is defined as follows:

A cadastral map is a map that shows parcels and related geographical objects, prepared according to the administrative unit of the commune level or the administrative unit of the district level where there is no commune-level administrative unit, and is confirmed by the competent state authority.

Current regulations on the uses of cadastral maps in Vietnam

Clause 2, Article 3 of Decree 101/2024/ND-CP sets forth the uses of cadastral maps which include 04 specific uses as follows:

(1) Land registration, land-attached assets registration, issuance of certificates of land use rights, ownership of land-attached assets, preparation of cadastral records, and construction of land database;

(2) Statistics, land inventory; preparation of land use planning, land use plans; land allocation, land lease, land use purpose change, land recovery; land requisition; compensation, support, resettlement when the State recovers land; land investigation, land evaluation;

(3) Inspection, supervision of land management, land use; handling of violations of land law and resolution of land disputes, complaints, denunciations;

(4) Other land management purposes as prescribed by law

Cases requiring the adjustment of cadastral maps in Vietnam from August 1, 2024

According to the Land Law 2024, a cadastral map is a map that shows parcels and related geographical objects, prepared according to the administrative unit of the commune level or the administrative unit of the district level where there is no commune-level administrative unit, and is confirmed by the competent state authority.

Based on Clause 1, Article 6 of Decree 101/2024/ND-CP, a cadastral map is adjusted when parcels and other related elements of the cadastral map content change as follows:

- Parcels: Parcel boundaries, land types, parcel serial numbers, parcel areas;

- Other elements related to the content of the cadastral map include: Map frames; coordinate and altitude control points; administrative boundary markers and boundaries of administrative units at all levels; land-occupying objects that do not form parcels; housing and other construction works; guiding landmarks and constructions; planning boundary markers; safety corridor protection indicators for constructions as prescribed by law; explanatory notes; topology or noted altitudes (if any).

Basis for adjusting cadastral maps in Vietnam from August 1, 2024

According to Clause 2, Article 6 of Decree 101/2024/ND-CP, a cadastral map is adjusted based on one of the following grounds:

- Certificates of land use rights, Certificates of ownership of houses and homestead land use rights, Certificates of house ownership, Certificates of ownership of construction works, Certificates of land use rights, ownership of houses and other land-attached assets, Certificates of land use rights, ownership of land-attached assets (hereinafter collectively referred to as Certificates); land allocation decisions, land lease decisions, land use purpose conversion decisions, decisions recognizing auction results of land use rights, land recovery decisions by competent state authorities; court decisions or judgments, enforcement decisions of enforcement agencies that have legal 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 when administrative boundary records have been established;

- Documents from land management agencies at all levels, commune-level People's Committees when detecting errors in cadastral maps or reporting changes in parcel boundaries due to natural landslides or subsidence;

- Documents on changes in safety corridor boundary indicators for constructions as prescribed by law;

- Documents, decisions of competent authorities leading to changes in parcel divisions and changes in parcel serial numbers in cadastral maps;

- Inspection results of the Land Registration Office or its Branches in case land users report discrepancies in parcel information.

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