Basis, content, and form of specialized land examination in Vietnam

Basis, content, and form of specialized land examination in Vietnam (Image from the Internet)

1. Basis for specialized land examination in Vietnam

The basis for specialized land examination in Vietnam, according to Clause 1, Article 103 of Decree 102/2024/ND-CP is as follows:

- Annual periodic examination plan;

- Directive from agencies or individuals with authority overseeing state management of land;

- Feedback, recommendations from organizations, individuals, or mass media about violations of the law in land management and usage;

- Discovery of violations committed by officials and public employees in land management while performing their duties.

2. Authority to Issue examination Plans and Decisions for specialized land examination in Vietnam

According to Clause 2, Article 103 of Decree 102/2024/ND-CP, the authority to issue examination plans, examination decisions, and the responsibility to execute specialized land examinations in Vietnam are as follows:

- The Minister of Natural Resources and Environment, and leaders of agencies with specialized land management functions under the Ministry of Natural Resources and Environment issue examination plans and decisions for the land sector nationwide.

People's Committees at all levels and leaders of agencies with land management functions under People's Committees at all levels issue examination plans and decisions for the land sector within their jurisdiction;

- The Ministry of Natural Resources and Environment, and agencies with specialized land management functions under the Ministry of Natural Resources and Environment; provincial and district-level land management agencies; officials and public employees performing land management functions are responsible for carrying out specialized land examinations;

- The head of the examination team, head of the examination group, or the person assigned examination duties announces the examination decision or the document appointing examination personnel; organizes the examination as per the content of the examination decision; delegate specific tasks to members of the examination team or group; is accountable to the individual who issued the examination decision, the document appointing examination personnel, and the law for the examination activities; exercises the authority of the head of the examination team, head of the examination group, and officials and public employees on duty as stipulated by law.

Members of the examination team or group are responsible for executing examination tasks as assigned and directed by the head of the examination team or group following the examination decision; propose necessary measures to the head of the examination team or group to ensure effective and lawful examination activities.

3. Form and method of specialized land examination in Vietnam

The form and method of specialized land examination in Vietnam under Clause 3, Article 103 of Decree 102/2024/ND-CP include:

- Conducting specialized land examinations annually or unexpectedly through the formation of an examination team or the document assigning an examination group or personnel;

- The examination plan is issued before December 31 of the previous year for scheduled periodic examinations; decisions or documents for unexpected examinations are made based on the grounds outlined in Clause 1, Article 103 of Decree 102/2024/ND-CP. The annual examination plan must not overlap in content, subject, or scope with the land audit plan;

- Conducting the examination can take multiple forms, including examinations at the examination location, submitting documents to the inspecting agency, online meetings about examination content, or other forms (if any).

4. Content of Land examination in Vietnam

As per Clause 4, Article 103 of Decree 102/2024/ND-CP, the land examination content stipulated at Point a, Clause 4, Article 234 of Land Law 2024 includes:

- Inspecting adherence to land laws by People's Committees at all levels; land management function agencies at all levels; officials and public employees of land management function agencies at all levels, and local land-related officials;

- Resource allocation and other conditions ensuring the enforcement of land laws; the execution of statistics, policy reporting, storage, construction, and management of land databases.

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