05 cases of provision of land-related information or data in Vietnam

05 cases of provision of land-related information or data in Vietnam (Image from Internet)

Forms of exploitation and use of land-related information or data in Vietnam

According to Article 59 Decree 101/2024/ND-CP, the exploitation and use of land-related information or data in Vietnam are carried out in the following forms:

- Online exploitation on the National Land Information Portal, the National Public Service Portal, the Public Service Portal of the Ministry of Natural Resources and Environment, the Provincial Public Service Portal, via SMS services, via web services and API; exploitation through utilities and applications to create products and added value from the national land database as prescribed.

- Direct exploitation at the headquarters of the land data providing agency or the Reception and Return to Results department for administrative procedures.

- Exploitation through other forms as prescribed by law.

05 cases of provision of land-related information or data in Vietnam

Cases of provision of land-related information or data in Vietnam include:

1. land-related information or data classified as state secrets according to the provisions of law. When information classified as state secrets is declassified, citizens are allowed access as prescribed by the law on information access and the provisions of this Decree.

2. land-related information or data that harm the interests of the State, adversely affect national defense, national security, international relations, social order, and safety as prescribed by law.

3. Information about land users and owners of assets attached to the land without the consent of the land users and asset owners, except for the case serving investigation activities, civil enforcement, law violation verification and handling, and the state management activities of competent agencies.

4. Documents and requests for information and data provision that are invalid as prescribed.

5. Organizations and individuals requesting land-related information or data who do not pay fees for exploiting and using land documents or the prices of added-value products and services using information from the database, the national land information system as prescribed.

(Article 61 Decree 101/2024/ND-CP)

Order, procedures for providing land-related information or data in Vietnam

Specifically, Article 60 of Decree 101/2024/ND-CP stipulates the order and procedures for providing land-related information or data as follows:

- Organizations and individuals in need of exploiting land-related information or data shall directly submit a request form according to Form No. 13/DK issued together with Decree 101/2024/ND-CP or send a written request to the land-related information or data providing agency or contract.

land-related information or data are only used for the purposes stated in the request form or written request or contract and are not provided for other purposes.

- Submission of documents and request forms for providing land-related information or data to the land-related information or data providing agency can be done through one of the following methods:

+ Submission on the National Land Information Portal, the National Public Service Portal, the Public Service Portal of the Ministry of Natural Resources and Environment, the Provincial Public Service Portal;

+ Direct submission or via official dispatch, telegram, postal services;

+ Submission through other electronic means as prescribed by law.

- The land-related information or data providing agency receives, processes, and notifies the fees, prices of products and services providing land information to organizations and individuals.

In case of refusal to provide information and data, the reasons must be clearly stated and responded to the requesting organizations and individuals within 02 working days from the date of receiving the request.

- After organizations and individuals pay the fees, the prices of products and services providing land information, the land-related information or data providing agency shall provide the requested information and data.

- The time frame for providing land-related information or data is regulated as follows:

+ For information and data available in the national land database, it must be provided on the same working day. In case of receiving the request after 15:00, it shall be provided on the next working day;

+ For information and data not available in the national land database, no later than 03 working days from the date of receiving a valid request, the land-related information or data providing agency must provide the information and data or send a notice of extension for providing land-related information or data to the requesting organizations and individuals.

In case the land-related information or data providing agency needs more time to review, search, collect, compile, analyze or seek opinions from related agencies or units, the extension shall not exceed 15 working days;

+ In case the land-related information or data providing agency and the requesting organizations and individuals have a separate agreement on the exploitation and use of land-related information or data, the time frame for providing land-related information or data shall be determined according to the agreement.

- The land-related information or data providing agencies include

+ At the central level, the Land Data and Information Center under the General Department of Land Administration, Ministry of Natural Resources and Environment;

+ At the local level, the Land Registration Office. For localities where the land database has not been built, the Land Registration Office and the commune-level People's Committees are responsible for providing land-related information or data from cadastral records according to the decentralization of cadastral record management.

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