Đất sinh hoạt cộng đồng (DSH) là gì? (Cập nhật 2023) – Luật ACC
Introduction
In various provinces and cities, residential areas have common spaces for families to engage in communal activities. These spaces, known as Đất Sinh Hoạt Cộng Đồng (DSH), are dedicated plots of land that do not belong to any individual. So, what exactly is DSH? In this article, we will provide you with an overview of DSH, including its definition, the individuals named on the land use certificate, the responsibilities of the land manager, and commonly asked questions related to DSH.
1. What is Đất Sinh Hoạt Cộng Đồng (DSH)?
DSH stands for Đất Sinh Hoạt Cộng Đồng, which translates to “Land for Community Activities” in English. This type of land is designated for community-based activities, allowing residents in the area to gather, organize events, and build communal facilities such as meeting halls and village or neighborhood headquarters.
DSH is essentially a collective land, intended for shared usage by multiple residents. However, it is subject to the regulations set forth by the government and the directives of the local authorities.
2. Individuals Named on the DSH Land Use Certificate
According to Article 05, Section 01 of Circular No. 23/2014/TT-BTNMT, the individuals named on the DSH land use certificate are determined as follows: The residents’ community will decide on the individuals to be named, and this decision will be reached through mutual agreement. The chosen individuals, including the village or neighborhood leaders or any trusted individuals, will then be submitted to the competent People’s Committee (UBND) at the local level for official confirmation. The land use certificate must include all relevant information such as the address and the area of the DSH plot owned by the community.
3. Responsibilities of the Land Manager
The land manager of the DSH land is the individual or entity entrusted by the government to oversee and be responsible for all matters related to the land. This role carries significant importance, as the land manager is responsible for managing the land use in compliance with the laws and regulations. The specific responsibilities of the land manager include:
- Developing a legitimate plan for DSH land use and obtaining approval from the relevant authorities.
- Ensuring that there are no encroachments or unauthorized expansions on the DSH land. In case expansion is necessary and can be justified, an official request must be submitted to the competent authorities for approval.
- Providing strict supervision when constructing public facilities on the DSH land, adhering to the approved construction plans.
- Ensuring that all activities taking place on the DSH land are conducted effectively and in accordance with the regulations.
4. Symbolic Codes for Different Types of Land on the Survey Map
Based on Appendix No. 01, Point 13, Section III of Circular No. 25/2014/TT-BTNMT dated May 19, 2014, which regulates the survey maps, land in Vietnam is categorized into three main groups: agricultural land, non-agricultural land, and unused land. These groups are further divided into 53 symbolic codes. Here are some examples:
Group 1: Agricultural Land
- Symbolic Code 1: Land primarily used for rice cultivation
- Symbolic Code 2: Land for rice cultivation, excluding other specific types
- Symbolic Code 3: Land for vegetation other than rice
- Symbolic Code 4: Land for annual crops other than rice
- Symbolic Code 5: Land for perennial crops
Group 2: Non-Agricultural Land
- Symbolic Code 26: Land for community activities (DSH)
- Symbolic Code 27: Land for public recreational and entertainment purposes
- Symbolic Code 28: Land for markets
Group 3: Unused Land
- Symbolic Code 1: Unused flat land
- Symbolic Code 2: Unused hilly land
- Symbolic Code 3: Rocky mountains without trees
Please note that these are just a few examples, and there are many more symbolic codes for different types of land.
5. Frequently Asked Questions
5.1 Is there a tax requirement for DSH land?
DSH land is classified as non-agricultural land. Its purpose is to build and organize public models and events. According to the current laws and regulations, individuals and organizations have the right to use and manage this type of land without the obligation to pay land taxes.
5.2 Is there a time limit for using DSH land?
Currently, there is no specific regulation regarding the time limit for using DSH land. The duration of use is determined by the local authorities, such as the leaders of the province, district, or commune. The time limit will be considered based on various factors, including the purpose of use, the usage process, and the effectiveness of community activities.
The time limit will be determined and reviewed periodically. The competent authorities will evaluate and propose a suitable time limit in accordance with the applicable laws and regulations.
In conclusion, this article has provided you with a comprehensive understanding of Đất Sinh Hoạt Cộng Đồng (DSH). Should you have any further questions or need more information, feel free to contact us. Visit Kienthucykhoa.com to explore more valuable content related to various topics such as company establishment services, business registration, divorce services, accounting, auditing, passport application, and more.