Regulations on land registration offices in Vietnam from August 01, 2024

Regulations on land registration offices in Vietnam from August 01, 2024 (Image from the Internet)

On July 30, 2024, the Government of Vietnam issued Decree 102/2024/ND-CP providing detailed regulations on the implementation of several articles of the Land Law 2024.

Regulations on land registration offices in Vietnam from August 01, 2024 

According to Article 13 of Decree 102/2024/ND-CP, regulations on land registration offices in Vietnam are as follows:

* Position and Function

The Land Registration Office is a land registration organization, a public service provider under the provincial land management authority; it has the function to register, issue Certificates of Land Use Rights, ownership of assets attached to land (hereinafter referred to as Certificates), conduct surveying, correction, cadastral mapping, develop, manage, operate, and exploit land information systems, provide public land services, and support other state management activities related to land within the province.

* Duties of the Land Registration Office

- Register land assigned by the State for management, register land use rights, ownership of assets attached to land;

- Register changes for land assigned by the State for management, register changes in land use rights, ownership of assets attached to land;

- Conduct surveying, corrections, cadastral mapping, extract cadastral maps; issue, correct, revoke, cancel certificates, annul results of registration changes on certificates;

- Inspect cadastral map excerpts; inspect, certify diagrams of assets attached to land provided by organizations and individuals for registration and certificate issuance;

- Establish, correct, update, store, and manage cadastral records; receive, manage the use of Certificate templates as prescribed by law;

- Update, correct, synchronize, exploit land data; develop, manage, operate land information systems as prescribed by law in Vietnam;

- Conduct land statistics, inventory, and develop current land use maps;

- Register measures to secure land use rights and ownership of assets attached to land as prescribed by law;

- Provide records, maps, information, data on land and assets attached to land to organizations and individuals as prescribed by law in Vietnam;

- Collect fees, charges as prescribed by law and revenues from public land service activities as stipulated in Article 154 of the Land Law 2024;

- Provide services based on functions, tasks suitable for capacity as prescribed by law;

- Manage public employees, laborers, finances, and assets of the Land Registration Office; implement reporting policies as prescribed by law on assigned tasks.

* Structure of the Land Registration Office decided by authority agencies and individuals under regulations of law on public service providers and the following regulations:

- The Land Registration Office has specialized departments and Land Registration Office Branches. The Land Registration Office Branches are located in district-level administrative units or areas.

Land Registration Office Branches can establish specialized departments if they meet the establishment criteria as prescribed by law; perform functions, duties, and powers of the Land Registration Office as decided by competent authorities and land laws;

- The Land Registration Office and its Branches have legal personality, their own seals, and can open accounts, operate under regulations for public service providers; be accounted for under the decision by the provincial People's Committee.

* Financial sources of the Land Registration Office and its Branches include:

- Funds from the state budget ensuring regulations for public service providers;

- Revenues from professional activities, including fees as prescribed by the law on fees and charges, revenues from public land services, and other revenues as prescribed by law.

For the procedures of registration and issuance of Certificates, fees include document verification for issuing certificates, checking the completeness of dossier components, consistency of information content among dossier documents, registration conditions, certificate issuance as prescribed by land laws; for other tasks, fees for public service provision issued by the provincial People's Committee are collected.

* Operating expenses, financial autonomy mechanisms of the Land Registration Office and its Branches are implemented in accordance with regulations for public service providers and other relevant laws.

For updating, correcting, synchronizing, and exploiting land data; developing, managing, operating the land information system, expenses are covered by local budget and other revenues.

* The provincial People's Committee issues coordination regulations for performing functions, duties, powers between the Land Registration Office, its Branches, and district-level land management authorities, district People's Committees, financial authorities, taxation authorities, and other related agencies and units must follow the principles:

- Ensure consistent, unified, tight, prompt, public, and transparent implementation;

- Clearly define leading and coordinating agencies; responsibilities, powers of heads of agencies and units; content, timeframe, method of implementation; information and reporting policies;

- Comply with legal regulations; appropriate to functions, duties, powers, organizational regulations of each agency and unit.

More details can be found in Decree 102/2024/ND-CP which comes into force in Vietnam from August 01, 2024.

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