Carrying out a land inventory is one of the tasks that the State must do to assess the situation of land management and use, and understand the current status as a basis for planning and planning. Objects of land inventory include: Areas of different types of land, types of objects used, objects assigned for management; situation of land management and use of state-owned enterprises and equitized state-owned enterprises… So about the matter “The process of implementing land inventory at all levels in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Circular 27/2018/TT-BTNMT
Which agency organizes the land inventory according to the Land Law?
Pursuant to the provisions of Clause 5, Article 34 of the 2013 Land Law, which stipulates the responsibility for carrying out the land inventory, mapping the current status of land use is as follows:
– People’s Committees at all levels shall organize the statistics and inventory of land, and map the current state of land use in the locality;
– The People’s Committees of communes and districts shall report to the immediate superior People’s Committees; Provincial-level People’s Committees shall report to the Ministry of Natural Resources and Environment on the results of land statistics and inventory, and mapping of the current status of land use in the locality;
– The Ministry of National Defense and the Ministry of Public Security shall assume the prime responsibility for, and coordinate with the provincial-level People’s Committees in, making statistics and inventory of defense and security land and sending reports on the results to the Ministry of Natural Resources and Environment;
– The Ministry of Natural Resources and Environment shall summarize and report to the Prime Minister and announce the results of annual land statistics, the results of the 5-year land inventory of the whole country.
Thus, the People’s Committees at all levels are competent agencies to organize the statistics and inventory of land, and to map the current status of land use in the locality.
According to the provisions of the Land Law, inventory for what?
According to the provisions of Article 3 of Circular 27/2018/TT-BTNMT, the purposes of land statistics and inventory are as follows:
– Assess the current situation of land management and use and propose measures to strengthen management and improve the efficiency of land use.
– To serve as a basis for formulation and adjustment of master plans and plans on land use.
– Serve as a basis for proposing adjustments to policies and laws on land.
– Provide data to build statistical yearbooks at all levels and serve the needs of land information for socio-economic activities, national defense, security, scientific research, education and training, other needs of the State and society.
On what principles is the land inventory performed?
The land inventory is carried out based on the principles specified in Article 4 of Circular 27/2018/TT-BTNMT, specifically as follows:
– Types of land, types of land users, objects of land management and other indicators to be counted and inventoryed must conform to the current status quo at the time of statistics and inventory, except for the cases specified in Clauses 2 and 3 of this Article. Clause 4 of this Article.
– In case there is a decision on land allocation, land lease or permission to change the land use purpose, but at the time of statistics and inventory, the land has not been used according to the decision, statistics and inventory shall be made according to the type of land, the type of object, and the type of land used. land use object stated in the decision; at the same time, must make statistics and inventory according to the current state of use in separate tables (Tables 05/TKĐD and 05a/TKĐĐ) for monitoring and management in accordance with the provisions of the land law; except for cases where a decision on land allocation or land lease has been issued but the land has not yet been handed over in the field, the statistics and inventory will still be carried out according to the current state of use.
– In case the current land use purpose has changed to be different from the land use purpose in the cadastral dossier, the inventory shall be made according to the current state of use, and at the same time, the inventory shall be made according to the purpose stated in the cadastral records and summarize these cases into separate tables (Tables 06/TKĐD and 06a/TKĐD) for examination, inspection and handling in accordance with law.
– In case of restructuring of crops on rice land according to the provisions of Article 4 of the Government’s Decree No. 35/2015/ND-CP on management and use of rice land and Clause 11 Article 2 of the Decree No. 01/2017/ND-CP on amendments and supplements to a number of decrees detailing the implementation of the Land Law, statistics and inventories are still carried out by type of rice land; at the same time, inventory the area of rice cultivation that has been converted to crop structure in a separate table (Table 02a/TKĐĐ).
– In case the land is being used for multiple purposes, in addition to making statistics and inventory according to the main land use purpose, additional statistics and inventory must be added according to the land use purpose combined in a separate table (Table 07/ TKDD). The main land use purposes are determined according to the provisions of Article 11 of the Land Law and Article 3 of Decree No. 43/2014/ND-CP detailing the implementation of a number of articles of the amended Land Law. , supplemented in Clause 1, Article 2 of Decree No. 01/2017/ND-CP on amending and supplementing a number of decrees detailing the implementation of the Land Law.
– Periodic land inventory data is synthesized from the results of survey, delineation and mapping of land inventory for the entire area within the administrative boundaries of the inventory unit.
Annual land statistics are compiled from the land inventory map that has been adjusted for cases of change that have completed administrative procedures on land in the statistical year as prescribed.
– Area of land plots calculated on the commune-level land inventory map in square meters (m2); area data on statistical tables, land inventory expressed in hectare (ha); numbers are rounded to two decimal places (0.01 ha) for commune level, rounded to one decimal place (0.1 ha) for district level and rounded up to 01 ha for the province and the whole country.
Thus, land is a precious resource of the country, so the implementation of inventory and statistics activities is always focused and carried out in a very strict manner. And always make sure to follow the correct order and principles as prescribed by the law on land.
The process of implementing land inventory at all levels in Vietnam
Pursuant to the provisions of Article 5 of Circular 27/2018/TT-BTNMT stipulating the time and duration of land inventory as follows:
– The time of annual land statistics shall be until the end of December 31 of each year (except for the year of land inventory).
– The time for implementation and submission of annual reports on land statistics results are prescribed as follows:
+ The People’s Committees of communes, wards and townships (hereinafter referred to as the People’s Committees of communes) shall implement the implementation from November 15 every year (during the implementation period, it must continue to summarize all cases of adverse events) earthquake until December 31); complete and submit the report on results to the People’s Committee of the district, town or provincial city (hereinafter referred to as the district-level People’s Committee) before January 16 of the following year;
+ The People’s Committee of the district shall complete and submit the report on the results to the People’s Committee of the province or city directly under the Central Government (hereinafter referred to as the People’s Committee of the province) before February 1 of the following year;
+ Provincial People’s Committees shall complete and submit results reports to the Ministry of Natural Resources and Environment before February 16 of the following year;
+ The Ministry of Natural Resources and Environment shall complete and report the results to the Prime Minister before March 16 of the following year;
+ If the time for implementation of the provisions at Points b and c of this Clause coincides with the Lunar New Year holiday, the submission of the result report will be delayed by the number of days off the Lunar New Year as prescribed.”
The land law stipulates that the time of annual land statistics shall be until the end of December 31 of each year (except for the year of land inventory).
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Frequently asked questions
Land inventory is conducted every five years.
In addition, there is also a thematic land inventory depending on the actual requirements of the time in the state management of land (according to the decision of the Prime Minister or the Minister of Natural Resources and Environment). (Clause 4, Article 34 of the 2013 Land Law).
– The current land use map is made every 5 years in association with the land inventory (Clause 3.Article 34 of the 2013 Land Law).
This is the responsibility and job of the competent State agency when performing administrative management of land (the agency directly performing the land inventory is the Land Registration Office, the Ministry of Public Security, and the Ministry of Public Security. National defense, commune-level cadastral officials);
The work that State agencies perform when taking inventory of land is to investigate, synthesize and evaluate the current state of land use based on cadastral records, in the field and land changes between the two times. carry out inventory;
Land inventory means the State’s investigation, synthesis and assessment of land use status at the time of inventory and changes in land use between the two cadastral records based on cadastral records and in the field.
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