What are the 05 cases not required provision of information, data on land from August 1, 2024, under Decree 101 on issuance of certificates of land use rights in Vietnam?
What are the 05 cases not required provision of information, data on land from August 1, 2024, under Decree 101 on issuance of certificates of land use rights in Vietnam?
According to Article 61 Decree 101/2024/ND-CP, 05 cases not required provision of information, data on land include:
(1) Land information and data belonging to state secrets according to the provisions of the law. When the information, which belongs to state secrets, is declassified, citizens will be allowed access according to the provisions of the law on information access and regulations of this Decree.
(2) Land information and data that harm the interests of the State, adversely affect national defense, national security, international relations, public order, and social safety as prescribed by law.
(3) Information about land users, and owners of assets attached to the land without the consent of the land user or the asset owner, except in cases serving investigation activities, civil judgment enforcement, verification of law violations, and serving the state management tasks of competent agencies.
(4) Invalid documents or request slips for providing information and data according to regulations.
(5) Organizations and individuals requesting land information and data do not pay fees for exploiting and using land data or the cost of products and value-added services using information from the database and the National Land Information System as prescribed.
What are the 05 cases not required provision of information, data on land from August 1, 2024, under Decree 101 on issuance of certificates of land use rights in Vietnam? (Image from Internet)
Forms of exploitation and use of land information and data in Vietnam
According to Article 59 Decree 101/2024/ND-CP, the exploitation and use of land information and data in Vietnam are carried out in the following forms:
- Exploiting online on the National Land Portal, the National Public Service Portal, the Ministry of Natural Resources and Environment’s Public Service Portal, provincial public service portals, via SMS messaging service, web service and API; exploiting through utilities and applications to create products and value-added services from the national land database as prescribed.
- Directly exploiting at the headquarters of the agency providing land data or at the Receiving and Return Office for administrative procedures.
- Exploiting through other forms prescribed by law.
Procedures for providing land information and data in Vietnam
According to Article 60 Decree 101/2024/ND-CP, the process and procedures for providing land information and data in Vietnam are stipulated as follows:
- Organizations or individuals needing to exploit land information and data must directly submit a request slip according to Form No. 13/DK issued with Decree 101/2024/ND-CP or send a request document to the agency providing land information and data or contract.
Land information and data are only to be used for the purpose stated in the request slip, document, or contract and must not be provided for other purposes.
- Submitting documents or request slips for providing land information and data to the agency handling this task through one of the following methods:
+ Submitting on the National Land Portal, the National Public Service Portal, the Ministry of Natural Resources and Environment’s Public Service Portal, provincial public service portals;
+ Directly submitting or sending via postal service, telegraphy, or courier services;
+ Submitting through other electronic means as prescribed by law.
- The agency handling land information and data will receive, process, and notify the fees, costs of products, and services for providing land information and data to organizations or individuals. In case of refusal to provide information, they must clearly state the reason and respond to the requesting organization or individual within 02 working days from the date of receiving the request.
- After the organization or individual pays the fees, costs of products, and services for providing land information, the agency will provide the required information as requested.
- The timeframe for providing land information and data is regulated as follows:
+ For information and data available in the national land database, it will be provided on the same working day.
If the request is received after 3 PM, it will be provided on the next working day;
+ For information and data not available in the national land database, the latest is 03 working days from the date of receiving a valid request. The agency must provide the information or send a notice for extending the provision time to the requesting organization or individual.
If the agency needs more time to review, search, summarize, analyze, or consult related agencies, it may extend but no more than 15 working days;
+ If an agency and the requesting organization or individual have a separate agreement on exploiting and using land information and data, the time for providing data will be determined according to the agreement.
- Land information and data providing agencies:
+ The central agency responsible for providing land data is the Data and Land Information Center under the Land Registration and Data Information Department, Ministry of Natural Resources and Environment;
+ The local agencies responsible for providing land data are the Land Registration Offices. For localities that have not built a land database yet, the Land Registration Offices and the Commune People’s Committees are responsible for providing land information and data from cadastral records according to the management decentralization of cadastral records.
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