Which agency has the competence to manage land? What are the contents of state management of land in Vietnam?
Which agency has the competence to manage land under the Land Law of Vietnam?
Pursuant to the provisions of Article 24 of the 2013 Land Law of Vietnam as follows:
Land administration agencies
1. The system of land administration agencies shall be organized uniformly from central level to local level.
2. The land administration agency at the central level is the Ministry of Natural Resources and Environment.
Land administration agencies at the local level shall be set up in provinces and centrally run cities and in districts, towns and provincial cities; land-related public service organizations shall be set up and operate in accordance with the Government’s regulations.
Pursuant to Article 4 of Decree No. 43/2014/ND-CP (amended by Clause 3, Article 2 of Decree No. 01/2017/ND-CP) as follows:
Land administration agencies
1. Local land administration agencies include:
a/ Land administration agencies of provinces and centrally run cities which are provincial- level Natural Resources and Environment Departments;
b/ Land administration agencies of districts, towns and provincial cities which are district-level Natural Resources and Environment Divisions.
2. Local agencies regarding natural resources and environments, which include the Department of Natural resources and Environment, the Office of Natural resources and Environment and the Office of land registration, shall be given certain assignments of state management of land.
3. Provincial-level People’s Committees and district-level People’s Committees shall organize land administration apparatuses in their localities; district-level People’s Committees shall appoint cadastral officers of communes, wards and townships to perform land administration tasks.
4. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, specifying the functions, tasks and organizational structures of local land administration agencies and tasks of cadastral officers of communes, wards and townships.
According to the provisions of the above articles, the agency competent to manage land is divided into the land administration agency at the central level and the land administration agency at the local level, namely:
- The land administration agency at the central level is the Ministry of Natural Resources and Environment.
- Local land administration agencies include: Land administration agencies of provinces and centrally run cities which are provincial- level Natural Resources and Environment Departments; Land administration agencies of districts, towns and provincial cities which are district-level Natural Resources and Environment Divisions.
Which agency has the competence to manage land? What are the contents of state management of land in Vietnam?
How are the responsibilities of state management of land regulated under the Land Law?
Pursuant to Article 23 of the 2013 Land Law of Vietnam stipulating the responsibilities for state management of land as follows:
Responsibilities of state management of land
1. The Government shall perform the unified state management of land nationwide.
2. The Ministry of Natural Resources and Environment shall take responsibility before the Government for the unified state management of land.
Related ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, assist the Government in performing the state management of land.
3. People’s Committees at all levels shall perform state management of land in the localities according to their competence prescribed in this Law.
Thus, the responsibilities for state management of land are regulated as follows: The Government shall perform the unified state management of land nationwide. Next, the Ministry of Natural Resources and Environment shall take responsibility before the Government and finally the People’s Committees at all levels shall perform state management of land in the localities according to their competence.
This management is closely organized from the central to the local to ensure a synchronous and well-coordinated management system.
What are the contents of state management of land in Vietnam?
Pursuant to Article 22 of the 2013 Land Law of Vietnam stipulating the contents of state management of land, specifically as follows:
- Promulgating legal documents on land management and use and organizing the implementation thereof.
- Determining administrative boundaries, compiling and managing administrative boundary records and making administrative maps.
- Surveying, measuring, making cadastral maps, current land use maps and land use planning maps; surveying and assessing land resources; and surveying for land pricing.
- Managing land use master plans and plans.
- Managing land allocation, land lease, land expropriation and change of land use purposes.
- Managing compensation, support and resettlement upon land expropriation.
- Registering land use rights, compiling and managing cadasữal records, and granting certificates of land use rights and ownership of houses and other land-attached assets.
- Making land statistics and carrying out land inventories.
- Developing the land information system.
- Managing land-related finance and land prices.
- Managing and supervising the exercise of rights and performance of obligations by land users.
- Inspecting, examining, supervising, monitoring and assessing die observance of the land law, and handling violations of the land law.
- Disseminating and educating about the land law.
- Settling land-related disputes; settling complaints and denunciations related to land management and use.
- Managing land-related services.
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