Citizens send questions to the Ministry of Agriculture and Environment with the content:
Currently, I am assigned the task of contacting the Provincial Land Registration Office to carry out extracting and measuring cadastral maps, measuring and adjusting cadastral maps to serve registration of changes and re-issuance of Certificates of land use rights for organizations (units using state budget).
According to the guidance, the measurement is carried out in accordance with the provisions of Article 4 and Article 5 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government, accordingly, it is necessary to hire a consulting unit with functions to prepare technical design - cost estimate, task plan to submit to the Department of Agriculture and Environment for appraisal before approval and signing of the implementation contract.
However, through actual implementation, it shows that many cases have very small areas (from about 100 m2 to several hundred m2), the actual measurement time is only from 2–3 hours, but the time to carry out procedures according to the above regulations lasts from 10–15 days, affecting the progress of resolving administrative procedures of the unit.
Therefore, please ask: Is the Provincial Land Registration Office allowed to apply the provisions of point a, clause 3, Article 4 of Decree No. 101/2024/ND-CP to not carry out the preparation of technical design - estimate, task plan for cases of cadastral measurement, correction of cadastral maps to serve land registration of changes, re-issuance of Certificates of land use rights for organizations or not?
Answering this content, the Ministry of Agriculture and Environment said:
1. About cadastral map correction measurement
- Clause 3, Article 130 of the 2024 Land Law stipulates the responsibility for preparing, revising, updating, managing, and exploiting cadastral records, specifically as follows:
3. Land registration organizations are responsible for preparing and revising cadastral records, and updating changes to cadastral records.
- Point d, Clause 2, Article 4 of Decree 101/2024/ND-CP dated July 29, 2024 of the Government stipulates basic investigation of land; registration and issuance of Certificates of land use rights, ownership of assets attached to land and the Land Information System stipulates:
d) Surveying and adjusting cadastral maps is carried out in areas that already have cadastral maps when there is a change in one of the factors regarding the shape, size, area of the land plot and other factors related to the content of the cadastral map;
- Point a, clause 3, Article 4 of Decree 101/2024/ND-CP stipulates:
a) Surveying and mapping activities specified in points a, b, c and d, clause 2 of this Article shall prepare technical design - cost estimate to submit to competent authorities for approval before implementation, except in cases where the correction of cadastral maps is carried out regularly according to the task implementation plan of the Land Registration Office, Branch of the Land Registration Office;
Based on the above regulations, for areas that already have cadastral maps but have changes in one of the factors regarding the shape, size, area of the land plot and other factors related to the content of the cadastral map, correction is carried out.
In case the correction of cadastral maps is carried out regularly according to the task implementation plan of the Land Registration Office, Branch of the Land Registration Office, it is not necessary to prepare a technical design - cost estimate to submit to competent authorities for approval before deployment. The land registration organization (Land Registration Office, Branch of the Land Registration Office) is responsible for preparing and correcting cadastral records, and updating changes to cadastral records according to regulations.
2. About cadastral map extraction
- Point e Clause 2 Article 4 of Decree 101/2024/ND-CP
e) Cadastral map extraction is carried out separately for each land plot or multiple land plots within the scope of one cadastral map extraction according to the ratio to be established for places without cadastral maps.
- Point b, Clause 3, Article 4 of Decree 101/2024/ND-CP stipulates:
b) Surveying and mapping activities specified in points d and e, clause 2 of this Article shall develop a task plan and submit it to competent authorities for approval before deployment, except for surveying and mapping activities carried out according to the needs of land users without using the state budget, then according to the service contract;
Based on the above regulations, in case the cadastral map measurement is carried out according to the needs of land users without using the state budget, according to the service contract, it is not necessary to develop a task plan to submit to competent authorities for approval before deployment.
The Ministry of Agriculture and Environment informs citizens to know and implement according to the provisions of law.
