Conditions for starting construction of individual houses
1. Learn about cadastral surveying and what is it?
Cadastral surveying is a process used to collect basic information about a specific plot of land. Clearly stipulated in Clauses 5 and 6 of Article 3 of Circular 25/2014/TT-BTNMT, cadastral surveying is the process of independent cadastral measurement for a plot of land. This procedure is applied in cases where localities do not have cadastral maps to serve land management. Cadastral measurement excerpt is understood as a drawing showing the results of the cadastral measurement process for a specific plot of land.
According to regulations, the name of a cadastral measurement fragment must contain the following information:
- Name of the provincial, district, and commune-level administrative unit responsible for performing cadastral measurement.
- Information about the coordinate system used in the measurement process (VN-2000, is the national coordinate system currently applied nationwide according to Decision 83/2000/QD-TTg, and the free coordinate system).
- Location where the measurement is taken, including information on house numbers, villages, hamlets...
- Data related to cadastral measurement excerpts.
The number of the cadastral measurement fragment is determined based on the following information:
- Serial number of the piece (numbered from 01 to the end of a year for each commune-level administrative unit).
- The time to carry out cadastral measurements for the land plot needs to be clearly and completely recorded.
2. Order and procedures for cadastral measurement of land plots
Cadastral measurement of a land plot is a complex process that involves many steps and procedures. Below are details about the order and procedures for cadastral measurement of land plots:
Step 1: Prepare documents and submit them
Individuals or organizations wishing to extract cadastral measurements of a land plot need to prepare a set of valid documents and submit them to the Receiving and Returning Results Department of the district People's Committee during working hours on weekdays (except holidays). , rest).
Documents needed to prepare include:
An application to confirm the deduction or division of plots or consolidation of plots. In the application, it is necessary to clearly state the reason for requesting cadastral measurement of the land plot, for example to register for a land use right certificate.
Documents proving legal land use rights (can be a certified copy).
Step 2: Receive documents
Civil servants of the Department receive and return document inspection results according to regulations. If the application has fully met the necessary and valid documents, the civil servant will receive the application and write a date to return the results to the citizen. At the same time, the documents will be transferred to the Land Use Rights Registration Office on the same day. In case the dossier does not meet the conditions, civil servants will instruct citizens to complete it according to regulations or return the dossier and clearly explain the reason to the citizen.
Step 3: Process documents
- After the Land Use Rights Registration Office receives the documents from the Reception and Results Department, they will verify the documents, conduct field verification of the land plot and review the status of the documents.
- If the dossier does not meet the conditions, the Office will send a written response stating the reason along with the dossier back to the individual who submitted the dossier requesting cadastral measurement.
- If the application meets the conditions, the draft contract, measurements and extracts will be transferred to the Department of Natural Resources and Environment to be submitted to the Chairman of the District People's Committee for approval. After being approved by the Chairman of the District People's Committee, the file will be returned to the Land Use Rights Registration Office. This office is responsible for updating information in books and sending measurement results to the Receiving and Returning Department.
Step 4: Return results
- The receiving and returning results department will calculate fees and charges and write collection receipts to pay to citizens. Then, they will give the results to the organization or citizen by appointment when the citizen presents the appointment card.
- Through the above process, cadastral measurement of a land plot requires preparation of documents and compliance with specific procedures. This process helps ensure the accuracy and legality of determining and measuring land areas. At the same time, it also plays an important role in providing accurate information on land use rights and land resource management.
- Correct implementation of the process and procedures for cadastral measurement of land plots is an important factor to ensure transparency, fairness and reliability in land management and use. Therefore, mastering this process and complying with the regulations will help ensure people's rights and build an effective and sustainable land management system.
3. Is a cadastral survey considered a document on land use rights?
- Cadastral measurement extracts are not considered documents on land use rights according to the provisions of law. According to the Land Law 2013 and Decree 43/2014/ND-CP, to be granted a land use right certificate by the State, certain conditions must be met. There are two cases in which an individual or organization can be granted a land use right certificate: one is when there is a document on land use rights, and the other is when there is no document on land use rights.
- However, the cadastral survey is not considered one of the documents on land use rights according to the provisions of the 2013 Land Law and Decree 43/2014/ND-CP. Therefore, being granted a land use right certificate by the State does not depend on whether there is a cadastral survey or not. Cadastral measurement extract is not the basis and condition for being granted a Red Book.
- To issue Red or Pink Books to households or individuals, it is necessary to provide corresponding legal documents. For example, legal documents on donating or inheriting land use rights or assets attached to land, documents transferring land use rights, buying and selling houses attached to land before October 15, 1993 certified by the People's Committee of the commune, ward or town that it was used before October 15, 1993, and other documents as prescribed by law.
In short, to be granted a Land Use Rights Certificate, individuals and households need to comply with the conditions prescribed by law. Cadastral measurement extracts are not considered documents on land use rights, and the use of cadastral measurement extracts is not the basis and condition for being granted a Red Book.
4. Regulations on cadastral measurement of land plots:
- Regulations on performing cadastral measurement of land plots are prescribed as follows. According to Article 18 of Circular 25/2014/TT-BTC, the cadastral measurement process is carried out according to the following ratios: 1:200, 1:500, 1:1000, 1:2000, 1:5000 and 1: 10000. To determine the rate of cadastral measurement, it is necessary to comply with the regulations in Clause 1, Article 6 of Circular 25/2014/TT-BTC. Individuals or organizations can choose a map scale one level larger than prescribed to match the size of the land plot.
- Cadastral measurement must be done in the VN-2000 national coordinate system. In case of extracting cadastral measurements for households or individuals, it can be done in the VN-2000 national coordinate system or the free coordinate system.
- When performing cadastral measurements, it is necessary to prepare a form confirming the results of measuring the current status of the land plot according to the prescribed form. Normally, cadastral measurement excerpts are represented as squares or rectangles.
- Regulations on framing and presentation of cadastral measurement excerpts must comply with the form specified in Point 3, Section III of Appendix No. 01 attached to Circular 25/2014/TT-BTC. In the case of extracting cadastral measurements to serve land registration, issuance of individual books, and regularly every year, the frame and presentation of cadastral measurement excerpts shall be made according to the form specified in Point 4, Section III of the Appendix. Number 01.
- The implementation of measurement and presentation and correction of land plots in the measurement plot must comply with the regulations for land plots on the cadastral map specified in Circular 25/2014/TT-BTC. In the case of cadastral measurement from two or more plots of land at the same time and can be expressed within the same measurement excerpt, it must be shown in that one measurement excerpt.
- To create digital cadastral measurement extracts, many different software and applications can be used. However, the product file must be converted to *.dgn file format. When extracting cadastral measurements in the VN-2000 national coordinate system, it is necessary to write full data description information according to technical regulations on cadastral data standards of the Ministry of Natural Resources and Environment, accompanied by each extracted measurement piece. cadastral.