“Hello, Lawyer. As far as I know, a cadastral map is a map showing land parcels. However, what is the regulation on cadastral maps? I don’t know. Therefore, I very much look forward to the Law Please help me find out the legal regulations on this matter. I look forward to hearing from you as soon as possible. Thank you very much.“. Thank you for trusting us and sending us your questions. To answer this question, today, LSX Lawfirm will give you an article about “What are the provisions of Vietnamese law on cadastral maps?“, as follows:
Legal grounds
- Circular 25/2014/TT-BTNMT
What is a topographic map?
A cadastral map is a map showing land plots and related geographical factors, made according to administrative units of communes, wards, or townships, certified by competent state agencies. (Clause 4, Article 3 of the 2013 Land Law).
Cadastral maps are made at 1:200, 1:500, 1:1000, 1:2000, 1:5000, and 1:10000 scales; on the projection plane, in the projection zone of 3 degrees, the axis meridian according to each province and city directly under the Central Government, the national reference system and coordinate system VN-2000 and the current national elevation system.
What are the regulations on cadastral maps?
The cadastral map is shown through some content
The cadastral map is used in the state management of land and is shown through a number of contents as follows:
To make statistics and inventory of land according to each administrative unit of communes, wards, and townships.
Establish and record information on land use rights for each land plot then.
As a basis to help competent state agencies implement land management or related contents such as determining financial obligations, land disputes, etc.
Provide information and serve as a legal basis for land-related activities such as inheritance, transfer, donation, mortgage, real estate business, etc.
The main content is shown on the cadastral map
According to Circular 25/2014/TT-BTNMT, the main content elements shown on the cadastral map include:
Map frame;
Coordinate control points, national elevations of all grades, cadastral points, external image control points, and measurement control points with stable landmarks;
Administrative boundary landmarks, administrative boundary lines at all levels;
The planning boundary; boundaries of traffic safety protection corridors, irrigation, dykes, electrical conduction systems, and other public works with safety protection corridors then;
The boundary of the land plot, the type of land, the ordinal number of the land plot, and the area of the land plot.
Houses and other construction works: only to show on the map the main construction works suitable for the use purposes of the land plot, except for temporary construction works. Underground works, when required to be shown on the cadastral map, must be specified in the technical design – work cost estimate;
Objects occupying land that do not form land parcels such as roads, irrigation works, dykes, rivers, streams, canals, canals and other land-occupying elements along lines;
Features and works of high historical, cultural, and social value and directional significance;
Soil shape or elevation note (when required, it must be specified in the technical design – work estimate);
Explanatory notes.
When noting elements of cadastral map content, they must comply with the regulations on cadastral map symbols specified in Section II and Point 12, Section III of Appendix 01 attached to Circular 25/2014/TT-BTC. BTNMT.
What is Cadastral Map Extract?
Although the land law does not stipulate or explain how to extract cadastral maps, based on Appendix 13 issued with Circular 25/2014/TT-BTNMT can be understood as follows:
Extracting cadastral maps is a form of providing and authenticating land parcel information with the following contents:
an ordinal number of the land plots; a digital map…
Area (square meter).
Purpose of using the land.
Names of land users and their permanent addresses.
Changes in land plot compared to legal documents on land use rights
The plot draws includes information about the plot of the land plot and the length of the side of the plot.
Procedures for extracting cadastral maps
In the request form for provision of land data, made according to to form No. 01/PYC issued together with Circular 34/2014/TT-BTNMT, there is data content that people have the right to request competent state agencies to provide. it’s a map extract.
Accordingly, when people meet the conditions and request the competent authority, they will be provided with land information in general and an extract of the cadastral map in particular.
In order to obtain an extract of the map, one must first submit a request form, made according to to form No. 01/PYC. In this form, the requester ticks an x in the content “map extract”, if other information is needed, then check the box “all information above”.
Step 1: Submit the request form at the Office/Branch of the Land Registration Office or the Commune People’s Committee.
Step 2: Receive and resolve
And
Upon receipt of a valid request form, the Land Registration Office shall perform the following tasks:
Provide map extracts to requesters.
Notify financial obligations to organizations and individuals (if any).
If you refuse to provide information, you must reply in writing and clearly state the reason.
Note some cases where information and data are not provided, including:
Firstly, The request form has unclear and specific content.
Secondly, The request form does not have the signature, name, and specific address of the individual.
Thirdly, The purpose of using the data is not in accordance with the law.
Finally, The requester does not fulfill the financial obligation (does not pay the fee if it is payable).
Step 3. Return the result
Time limit:
If a request is received before 15:00, it must be provided on the same day; If the request is received after 15 hours, it will be processed the next working day.
In case of a request for the provision of land data in the form of aggregated information, the time limit shall be determined by the agreement.
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Related questions
In case the request is received before 15:00, it must be provided on the same day; In case the request is received after 15 hours, the provision of land data is made on the next working day.
Organizations and individuals wishing to exploit land data shall submit a request form or send a written request to the land data-providing agencies according to Form No. 01/PYC. At Form No. 01/PYC, the requester marks an X in the content “Excerpt from the map”. Then, submit the request form at the Office/Branch of the Land Registration Office or the Commune People’s Committee
Accordingly, to Appendix 13 of Circular 25/2014/TT-BTNMT (Form for extracting cadastral records), the contents of the cadastral map extract will include information such as:
An ordinal number of the land plot; Digital map sheet;…
Area of the land plot;
Purpose of using land;
Name of the land user;
– Changes of the land plot compared with legal documents on land use rights then;
– Land plot drawing: plot of the land plot, length of plot side.
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