Land services in Vietnam

Land services in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Land services in Vietnam

According to Clause 3, Article 5 of Decree 43/2014/ND-CP (amended in Decree 148/2020/ND-CP), land services, including:

- Land investigation and assessment; soil improvement;

- Land use planning;

- Cadastral surveying and mapping, compilation of cadastral records, land database construction, application for registration and preparation of application documentation for certificates of land tenure and ownership of houses and other properties associated with land;

- Land pricing consultancy;

- Land auctioning;

- Compensation, support and resettlement;

- Provision of information, data about land, and information about land markets and other land information;

- Handling of submitted documents and notification of the status of processing of land documents meeting service clients' demands concerning time and location;

- Other services, depending on the service provider's permitted functions and assigned duties.

2.  Land registration offices in Vietnam

 Land registration offices in Vietnam under Clauses 1 and 2, Article 5 of Decree 43/2014/ND-CP (amended in Decree 148/2020/ND-CP) as follows:

* Land registration offices:

- Land registration offices are public non-business units of provincial-level Natural Resources and Environment Departments established or reorganized by provincial-level People’s Committees on the basis of consolidating existing land use rights registration offices of provincial-level Natural Resources and Environment Departments and district-level Natural Resources and Environment Divisions in localities; have the legal person status, own working offices and seals and may open accounts for their operation in accordance with law.

Land registration offices have the functions of registering land and other land-attached assets; compiling, managing, updating and uniformly revising cadastral dossier and land databases; making land statistics and inventory; providing land information to organizations and individuals at their request under regulations;

- Land registration offices have branches in districts, towns and provincial cities. Branches of land registration offices may perform the functions and tasks and exercise the powers of land registration offices under decisions of provincial-level People’s Committees;

- Operational funding for land registration offices shall comply with the provisions of law applicable to public service units.

When a land registration office provides its services, persons requesting its services shall be liable for costs and expenses incurred from rendering of such services.

As for the procedures for registration and conferment of Certificates of land tenure and ownership of houses and other property attached to land, persons requesting services shall be responsible for paying the fee for assessment of application packages and verification of conditions for registration and issuance of certificates of land tenure and ownership of houses and other land-attached property;

Paying costs and expenses incurred from the remaining procedures at the prices of public services quoted by provincial People's Committees.

* Land fund development organizations:

- Land fund development organizations are public non-business units established in accordance with the law on establishment, reorganization and dissolution of public non-business units; have the legal person status, own working offices and seals and may open accounts for their operation in accordance with law; have branches in districts, towns and provincial cities.

For localities that currently have both provincial-level and district-level land fund development organizations, these organizations shall be consolidated.

Land fund development organizations have the functions of creating, developing, managing and exploiting land funds; organizing the payment of compensations, provision of support, and resettlement; receiving land use rights transferred by organizations, households and individuals; organizing the auction of land use rights and providing other services.

- Operation funds of land fund development organizations must comply with regulations on finance of public non-business units.

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